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@mocha76 wrote:
The sheriff served the initial papers. That is the only time I was served. The papers from the attorneys saying that they had entered a judgment on me were sent through regular mail. Then the judgement showed up on my report. I am confused. Do you have to get served in order for the judgment to be valid. Also, was I suppose to get a court date?
You were probably served and required to submit an answer within a certain period. Failure to submit your answer gives them the opportunity to schedule a court date and have a default judgment entered against you. It would seem that since the sheriff served you there are no grounds to have the judgment vacated other than what I previously mentioned. You're going to have to deal with the judgment creditor.
@mocha76 wrote:
I understand that but who is suppose to notify me of a court date?
Generally, nobody.
The way the process usually works is:
1. The creditor files suit against you;
2. You are served with a notice of the action;
- This notice requires you to submit an "answer" to the court. This basically means you deny some or all of the allegations that the creditor has made.
- At this point there is no court date.
3. If you file your answer a court date is set; or
4. If you do not file an answer within the alloted time frame, the creditor simply files a Motion for Summary (or Default) Judgment. They do not appear before the judge in person. The judge gets the Motion and usually enters the judgment and the now judgment creditor is notified of such by mail.
Now I get it. Thanks, O6! I already contacted the attorneys for the CA and they are very difficult to deal with. I tried to set up payments for an amount that I could afford and they told me that they couldn't accept that because it was too low. So, I guess I will just start sending in what I can and hopefully they will not try to garnish my wages. I do not know what else to do other than pay what I can since they would not enter a payment agreement with me.
@mocha76 wrote:Now I get it. Thanks, O6! I already contacted the attorneys for the CA and they are very difficult to deal with. I tried to set up payments for an amount that I could afford and they told me that they couldn't accept that because it was too low. So, I guess I will just start sending in what I can and hopefully they will not try to garnish my wages. I do not know what else to do other than pay what I can since they would not enter a payment agreement with me.
Personally I would not just send them in whatever you can and hope for the best.
You said that in another month you'll have $2k available. Why not set up an initial payment that you can afford with the promise of $2k in another month?
I don't think you mention in which state you live in, but wage garnishment is not possible in every state. Even in those states where it is possible, there are steps one can take that would pretty much exclude one from having their wages attached. In my experience it may be better to get someone to negotiate on your behalf. If you cannot afford an attorney, try a local university law clinic or legal aid society. They know how to deal with situations like this. Sometimes for one to handle it on their own is, depending on their negotiation skills / personality, difficult.
Hi creditors lie all of the time stating they followed the proper procedure to place a Judgment against people. You have the right to go to the Court and view your file regarding the case filed against you. It would be located in the Civil Division. It is public record and if you ever buy a home they are going to give you a hard time if you don't take care of this matter as I have stated in this email. If you agree with the Judgment amount contact the company and make payment arrangements with them. Make sure you get all of the agreements in writing. Don't forget to ask the company to remove Judgment from your credit completely after they have received all of the money owed to them. If they agree to do so keep all documentation and make sure they update your credit report with the balance showing $0 on all credit reports. Most of the time these documents are needed throughout your entire life. Often people don't realize until later they need those documents and have to hunt down the original business to retrieve them. i can't express enough make sure you check your credit reports after all money is paid. Creditors love to see $0 balance on credit report. They can accept payment agreements explain to them in a way it is a hardship to you financially. Let them know you are willing to pay; but if they don't accept your offer you will leave Judgment on there and they will not get any money. Try the tactic sometimes it work and sometimes it doesn't. You can also speak to a Manager or ask to speak with another person.
Good Luck
Diva1234