topic Re: Rec'd a letter from an attorney on behalf of Erin Capital Managment in Rebuilding Your Credit

Rec'd a letter from an attorney on behalf of Erin Capital Managment

goal_seeker — Mon, 08 Sep 2008 14:54:59 GMT

Hello,

I rec'd a letter from an attorney office on September 4, 2008, stating NOTICE OF TAKING DEPOSITION DUCES TECUM IN AID OF EXECUTION. ERIN CAPITAL MANAGEMENT VS MYSELF.

I have no idea what this can be in reference to. I have looked up in the public records for this case and came across a DEFAULT FINAL JUDGMENT from Februauy 28, 2007 which I wasn't aware until now. My question is what are the steps that I should take in order to have this issue resolved. I have been schedule to appear before a person authorized by law to take deposition at the Lawers office on Monday September 15, 2008 @ 9:50am. I would greatly appreciate it if anyone can advise me in this case.

Thanks

Re: Rec'd a letter from an attorney on behalf of Erin Capital Managment

athensguy — Mon, 08 Sep 2008 17:09:12 GMT

I think you should consult with a lawyer. You might want to take what you got in the mail and show it to him/her. Try NACA to find a lawyer in your area.

Re: Rec'd a letter from an attorney on behalf of Erin Capital Managment

Anonymous — Mon, 08 Sep 2008 23:06:30 GMT

Take deposition at whose lawyer's office?

If judgment is already entered, I am not sure why this is taking place.

Go to your local courts, get copies of the judgment papers. Tell the clerk you want a full transcript of the judgment, all papers relating to it.

Ask the clerk what "proper service" is defined as. The judgment papers should show how they claim you were served.

You might ask the clerk what your letter means, they may or may not know and may or may not tell you.

As suggested, I would try to get a free consult from a local consumer law attorney or at the very least an attorney.

Re: Rec'd a letter from an attorney on behalf of Erin Capital Managment

Anonymous — Fri, 12 Sep 2008 01:40:55 GMT

I have had one of these before. Basically, if they have a default judgement against you and you haven't been paying, then they send you the "in aid of execution" paperwork...and then at the date on the paper they'll try to get all kinds of information from you...from your bank numbers, to what kind of car you drive, to where you work. However, in my case, they worked with me and set up a payment plan. They do this because if you fill out their little paper and give them all of that information, then they are able to take actions to garnish your wages or your bank account...or even seize assets. My advice to you would be to set up a payment plan and ask them if you are in the payment plan is it even necessary to attend on the date, that way you can get out of giving them some of that information. When you call and they ask you where you work, you have to tell them but none of the other stuff is mandatory. I always just tell them that I don't wish to say...and they don't press. The attorney that came after me was for my ex-husband's debt and I'm still dealing with it today, unfortunately.