Default judgement granted without service

[Anonymous]

Yes - keep your ACCOUNT LOW if you cannot afford to lose your money...they will do whatever they wish; and a Writ of Execution is what they serve your bank to get whatever is in your account.

However, keep in mind it is good for ONE pull only - and they will charge you for every time...not to mention all the fabulous overdraft charges.  I found out the hard way with a default judgment, they wiped out my account, and if they wanted to keep coming back, they'd have to serve the bank with a new Writ ever time.

Best of luck to you!!!  Unfortunately, the courts are allowing these documents to be filed, I fully had waited for a hearing date, never had one - $4500, that HURT big time!  Single Mom with 2 kids and all

[Anonymous]

---

Hendu3270 wrote:

"Default Judgment" was entered against me in a $5000.00 credit card case with Chase.

---

Were you served?

[Anonymous]

I received the letter from the County Clerk stating that the Default Judgment had been entered against me in the case. I'm just not sure what they will do next in order to collect.

Message Edited by Hendu3270 on 07-12-2007 07:32 AM

[Anonymous]

I echo the advice that you should get a lawyer's advice.  There is a difference between a Motion to Vacate a judgment, and Motion to Set Aside a judgment, and you want to make sure you get the right one in your jurisdiction.

[Anonymous]

Asset Protection:

At a bare minimum, protect the money in your bank account. Open a second bank account then transfer into that bank account. Can they execute a Judgment against that second bank account, yes; if they know about it (but how will they know about it without substantial tracking). What if that account is in a different Jurisdiction, can a Judgment in one state execute that Judgment in another state, perhaps in time but is difficult, at best. What if the account is in your business name can they execute against that account, no; because the Judgment is against you personally. What if you started a business and loaned money from your bank account to the business and transferred into that account, can they exercise a Writ of Execution against a legal entity therefore a person not named in the Judgment, no.

Unfortunately, injustice does occur in the world and from time to time we have to do what we have to do to survive and protect ourselves from predator organizations and people.

[Anonymous]

---

Hendu3270 wrote:

I received the letter from the County Clerk stating that the Default Judgment had been entered against me in the case. I'm just not sure what they will do next in order to collect.

---

If you weren't ever served, with a Summons and Complaint, generally a knock on the door and a Process Server says, "Sign here, you've been served with a lawsuit", then it seems you have grounds to get the judgment vacated.

[Anonymous]

yes, I was served. I just couldn't, and can't, afford an attorney, so I let it run its course. It's gone through the process and Default Judgment has been awarded in favor of Chase, (and rightly so). I'm just curious of what action they can and most likely would use to enforce their judgment.

[Anonymous]

---

Hendu3270 wrote:

yes, I was served. I just couldn't, and can't, afford an attorney, so I let it run its course. It's gone through the process and Default Judgment has been awarded in favor of Chase, (and rightly so). I'm just curious of what action they can and most likely would use to enforce their judgment.

---

Might be able to get the judgment vacated for a financial hardship. Might be worth hunting down a legal aid group. Try an NACA or MyFairCredit lawyer in your state. Either they might do such work pro bono, or on contingency if they see a FCRA or FDCPA violation, or they could refer you to someone who would.