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For those of you getting served w/ judgements

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For those of you getting served w/ judgements

I have noticed quite a few posts on here about getting served for judgments.

 

I'm not an attorney by any means but I can only share the advice that was given to me by one when I went through this a few years ago for the first time.

 

I'll be honest, I was scared crap-less when I had the police dept's process server knock on my door and hand me a summons so I've been there before so you have to remember to RELAX, it's not the end of the world.

 

If you want to consider bankruptcy options now is the time to do so.

 

Or if you need to stall this dead in it's tracks to either give you some additional time to either agree on a settlement w/ the law firm suing you or file for BK then you need to make sure you can make it to your court date, take the day off of work, call in sick, do what you have to do but make sure you are there.

 

When the judge calls your name (and the opposing lawyer looks at you in shock and awe because you showed up) tell the judge that you would like to request a bill of particulars.

 

The judge will then issue you a continuance (usually 2-3 months out) which will give you some more time to negotiate or get that BK paid for and filed. The attorney will then mail you a bunch of CC/loan statements as their proof of your debt owed in 30-60 days.

 

If you end up missing the court date and a judgement get's issued you still have a shot at negotiating and settling the balance for less through the law firm however once it gets to the garnishment stage (even if that court date hasn't happened yet) the law firm will not settle.

 

I hope this info can help others and I wish you luck on your credit repair journey!

Message 1 of 4
3 REPLIES 3
Valued Member

Re: For those of you getting served w/ judgements

This is great advice!

 

I only had this happen once, and I also got very nervous and really frustrated.  Mine was was for a small amount but I didn't have it at the time, and I didn't know to show up that day, so I had to complete the process.  Luckily I was able to get the public item (judgement) and C/O removed from my credit at a later date.

 

If anybody is interested, I can't share the company I used openly as advertising isn't allowed here.  I'll start a new trend by following the rules today.    Smiley Wink

 

PM me and I'll send it to you.

Message 2 of 4
Established Member

Re: For those of you getting served w/ judgements

I honestly can't remember all of the details, but about 5 years ago we were serve with papers, but there wasn't a court date attached, there were statement and we had the opportunity to respond, I did respond to all of them in the most "legall-y" language possible and we honestly never heard  from the company or of the judgement again as they did not respond in the allotted 30 days.

Message 3 of 4
Legendary Contributor

Re: For those of you getting served w/ judgements

... add to this narrative that if the summons and your rules of civil procedure set a date for filing of an answer to the civil complaint, you should file your answer with the court within the set period, which will be prior to the court date.

Message 4 of 4
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