Check out some similar questions!

jdixon51 · May 24, 2009, 04:11 PM

Recently I was sued by Capital One regarding a credit card balance. I did answer but capital one was given a default judgement stating that I had not answered. I can't find my receipt but definitely answered. I lived 3 blocks from the court house, had the 30 bucks and answered plus did mail the attorney a copy. In this judgement, they are trying to garnish my checking account-I don't have one and hate banks so will probably never have one, but I'm afraid it will be put on my credit reports. I hope this is specific enough to ask for your help in writing a proper motion to set aside. P.S. the credit card account is not mind, the suit was for someone else's name.

Thank you. Judy

mr.yet · May 24, 2009, 05:00 PM

Did you go to the hearing?

jdixon51 · May 24, 2009, 05:04 PM

I was not even informed of a hearing.

felonouschick · Jun 16, 2009, 10:38 PM

There wouldn't be a hearing. Contact the court and tell them the situation. There should be a case number on the complaint that was served on you. The court should be able to look up the Answer by that number. If they don't have it (courts lose things more often than you would think) ask them how to file the Motion to set aside.

this8384 · Jun 17, 2009, 07:14 AM

Originally Posted by felonouschick

There wouldn't be a hearing. Contact the court and tell them the situation. There should be a case number on the complaint that was served on you. The court should be able to look up the Answer by that number. If they don't have it (courts lose things more often than you would think) ask them how to file the Motion to set aside.

I'm curious as to what state you're in. In my state, if I sue someone and have them served, they are given the right to a hearing. IF they do not show up for the pre-trial hearing, then a default judgment will be entered.

felonouschick · Jun 17, 2009, 07:53 AM

I'm in Arizona, but I work in many different states. When dealing with Collects of Debt, DJ are entered when the Defendant fails to respond to the Complaint. I've never heard of a Pre-trail Hearing being set so early on. Things don't usually differ too greatly on these proceedures. Where do you rain from, maybe I could learn something new today.

this8384 · Jun 17, 2009, 08:02 AM

Originally Posted by felonouschick

I'm in Arizona, but I work in many different states. When dealing with Collects of Debt, DJ are entered when the Defendant fails to respond to the Complaint. I've never heard of a Pre-trail Hearing being set so early on. Things don't usually differ too greatly on these proceedures. Where do you rain from, maybe I could learn something new today.

Wisconsin. The procedure here is:

Plaintiff files with the court; pre-trial hearing is set.
Plaintiff has paperwork served on defendant.
Plaintiff and defendant have to appear at pre-trial hearing
If plaintiff doesn't appear at pre-trial hearing, case is dismissed.
If defendant doesn't appear at pre-trial hearing, default judgment is entered.
Defendant can contest the plaintiff's claim or can admit guilt.
If the defendant contests the claim, a trial is scheduled.

JudyKayTee · Jun 17, 2009, 08:55 AM

Originally Posted by felonouschick

I'm in Arizona, but I work in many different states. When dealing with Collects of Debt, DJ are entered when the Defendant fails to respond to the Complaint. I've never heard of a Pre-trail Hearing being set so early on. Things don't usually differ too greatly on these proceedures. Where do you rain from, maybe I could learn something new today.

So in Arizona papers are served, there is no response (or it is claimed no response was received) and the matter goes to automatic Judgment?

Not in NY -

You say you work in different States. What is your experience/knowledge/education on the subject - ?

I am somewhat concerned by your misuse of the English language.

susangpyp · Jun 17, 2009, 12:23 PM

The Respondent has the right to a hearing. Notice and a hearing. Constitutional right. Can't motion around that.

felonouschick · Jun 17, 2009, 12:42 PM

Clarification- You are "notified" when you are served with Summons and Complaint. If you don't file an Answer, you're forfeiting your right to a hearing. In this case the person did allegedly file an Answer, but the court is saying they didn't receive it and that's why they've let the DJ go through.

JDIXON51- If the wrong name is on the judgment, they shouldn't be able to mess with your credit, they obviously just served the wrong person (happens a lot). It's a good idea to get it cleared up any way.

this8384 · Jun 17, 2009, 12:56 PM

Originally Posted by felonouschick

In this case the person did allegedly file an Answer, but the court is saying they didn't receive it and that's why they've let the DJ go through.

JDIXON51- If the wrong name is on the judgment, they shouldn't be able to mess with your credit, they obviously just served the wrong person (happens a lot). It's a good idea to get it cleared up any way.

That isn't the scenario whatsoever. Where did you read in any of their posts that they weren't the right person?

excon · Jun 17, 2009, 02:07 PM

Hello judy:

An answer to a civil summons is to be directed to the COURT AND the plaintiff.

It seems to me that in ANY jurisdiction, if an answer was not received by either the plaintiff OR the court, I doubt a hearing would be scheduled. Why would they waste the courts time standing there waiting for a defendant who is likely NOT to show up? I'll bet the plaintiff can move the court directly to grant a default based upon the non answer.

You say you did answer, but can't prove it. Without proof, I think you're out of luck.

excon

PS> You're a co-signer or just writing for a friend?

1badmama · Jun 17, 2009, 06:46 PM

Originally Posted by this8384

That isn't the scenario whatsoever. Where did you read in any of their posts that they weren't the right person?

Original question has a P.S. saying so

ScottGem · Jun 17, 2009, 07:36 PM

{Mod Note: Felonious and badmama are the same person both of them now banned since badmam posted in another thread pretending to be a different person}

To clarify this, A hearing is called for ONLY if the summons is answered. If its not the plaintiff moves for a default judgement. But a hearing must be given if the defendant answers with an Intent to Defend. What is shocking here is the inability of Felonious to give a cohernet explanation or to understand the questions. Frm someone with a paralegal degree I would expect much more. But since she is now banned the issue is moot.

To jdixon. If you were not offered or informed of a hearing then you need to file a motion to vacate the judgement on grounds of improper service. This will give you a chance for a hearing where you can force the plaintiff to prove the debt is yours.