View Full Version : What does this mean?
SpringFlower
Nov 10, 2007, 05:47 PM
I received a post card from the Circuit Court saying they were notifying me of an order of Default against me.
What does this mean? There is no phone numbers or anything to call on the post card, just the file number and creditor.
We've ran into some bad financial troubles, and I cannot pay anything in full right now.
I should also add that I am not currently employed, but my husband is. Can they come after him?
slowandeasy
Nov 10, 2007, 06:31 PM
Hello Spring Flower
In order to have a judgement against you, You would have had to been served with a civil warrant telling you what date to appear etc. and the name of who was suing you But before that happens there would have been a lot of calls and letters So you are saying that you don't know who you owe? If a default judgement was entered against you the creditor can now attach wages and bank accounts
godiva
Nov 10, 2007, 07:49 PM
I received a post card from the Circuit Court saying they were notifying me of an order of Default against me.
What does this mean? There is no phone numbers or anything to call on the post card, just the file number and creditor.
We've ran into some bad financial troubles, and I cannot pay anything in full right now.
I should also add that I am not currently employed, but my husband is. Can they come after him?
They can't come after your husband if you made the purchase. Don't stress out about it honey. If you don't have the money you don'y have the money.
ScottGem
Nov 10, 2007, 08:15 PM
As slow said, If a default judgement was entered against you had to have received a summons of the suit. If you didn't then you can get the judgement vacated on the grounds of improper service.
If your husband is signed on the debt then they can go after him too.
SpringFlower
Nov 11, 2007, 12:30 AM
I received a post card from the Circuit Court saying they were notifying me of an order of Default against me.
What does this mean? There is no phone numbers or anything to call on the post card, just the file number and creditor.
We've ran into some bad financial troubles, and I cannot pay anything in full right now.
I should also add that I am not currently employed, but my husband is. Can they come after him?
In response, my husband was not on the account. However, we do have a joint checking account. What can they attach to? I know possibly the bank account. Since I am unemployed I do not know what else they can attach to. My husband is the only source of income. How hard do these companies try to locate the debtor? We had a house fire back in the beginning of 2007, the home and contents were a total loss. Needless to say any information on credit cards, loans, etc, were all in the house, and were burned up. As well as our phone being disconnected. I had our mail forwarded to a PO Box, and we lived in a hotel for a few weeks until the insurance could find us a rental property. We got some insurance money for the contents, ( if you've ever had this situation, you know that all of your belongings get depreciated, and you never get the full value of your possessions ). We were a bit behind when the fire happened, and I had a few collection places contacting me at that time. After we received the insurance payout a few months later, as the agencies contacted me, I wrote a check to pay them off, since I then had some money, and this money had to also replace our possessions to live day to day, such as clothing, furniture, etc. and without knowing who I owed what to, I could only wait to hear from each creditor. I had not heard anything from any credit agencies nor the creditor, since the fire (which is all I had to go on as for what creditors I owed), and 10 months later I received this post card at the rental property, which was forwarded to me at our home, which we are now back living at, that said an order of default was entered against me. I shall assume "order of default" also means "default judgement"? I was never notified of any court dates of any kind.
What should I expect next?
SpringFlower
Nov 11, 2007, 12:34 AM
As slow said, If a default judgement was entered against you had to have received a summons of the suit. If you didn't then you can get the judgement vacated on the grounds of improper service.
If your husband is signed on the debt then they can go after him too.
If the judgement is vacated, can they just go back and refile?
ScottGem
Nov 11, 2007, 06:41 AM
Yes, if the judgement is vacated because of improper service they can refile.
They can also attach any account that you are a joint owner of.
I would contact the creditor and explain the circumstances and try to arrange a settlement.
By the way, you can get replacement value insurance that will allow you to replace your possessions.
SpringFlower
Nov 11, 2007, 11:26 AM
By the way, you can get replacement value insurance that will allow you to replace your possessions.
I believe what we had was replacement value insurance, but they take your contents, depreciate them by between 30-50% (in a few cases 70%) Would this policy do me any good after the fact? And where would I get that from? My insurance company?
ScottGem
Nov 11, 2007, 12:57 PM
First, please do not use PMs for followups. Any follow-up should be piosted to the thread.
Second, no you didn't have replacement value insurance. When my house was broken into a number of years ago, the insurer actually went out an purchased replacement items for what was stolen. Only what they couldn't replace with the same or equivalent did they give us an estimated cash value of what it would cost to replace. There are two type of replacement, first the house itself. This is generally insured for what it would cost to replace it if the house was totalled. But there is also replacement value on belongings. It does not sound like you had that. No it won't help in the previous damage, but its something you may want to look into in the future. Contact your insurance agent.
Once they get a judgement against you, they can use it to go after your assets either in your name or held jointly. I dobut if they would go after a 10 yr old car. They can't attach your primary residence, but they may be able to place a lien on it. This means you would have to pay them when you sell the house.
Get a copy of your credit report. You are entitled to one free copy every year. This should tell you what accounts you have and what the status is.