What can I say to open a default judgment , I now have a writ of execution that seized my bank account, I was served notice at my rental my tenants live there, not me and the lawyer who served me knew this.?
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What can I say to open a default judgment , I now have a writ of execution that seized my bank account, I was served notice at my rental my tenants live there, not me and the lawyer who served me knew this.?
So when did you find out you were served there?
I went to collect rent and there was a writ of execution in the mail and the bank acct was seized that day.Quote:
Originally Posted by smoothy
I knew nothing of a hrg. Let alone a judgment.Quote:
Originally Posted by tony1982
Help smoothieQuote:
Originally Posted by tony1982
THey don't HAVE to tell you before executing a writ of garnishment... that was a courtesy, and you did get itQuote:
Originally Posted by tony1982
THey don't get a writ of garnishment until AFTER they have won a judgement in a court.
What you have to deal with was the Judgement itself... but you are going to have to jump through a lot of hurrdles as you already lost. So the full burden will be on you at this point.
Can you afford to hire a lawyer for that? What type of case was it?
PleaseQuote:
Originally Posted by tony1982
Money is super tight as my tenant deposited to this acct. today, what do I say in a petition to successfully open judgment??Quote:
Originally Posted by smoothy
It was dom. violence my lawyer withheld evidence I want to sue himQuote:
Originally Posted by tony1982
He did absolutely nothing I asked I was never in trouble before now I'm a criminalQuote:
Originally Posted by tony1982
Please helpQuote:
Originally Posted by tony1982
Was you or was you NOT at the trial that you lost that resulted in the Writ of Garniushment?
You are aware its going to cost money to sue a lawyer and expect to win... do it wrong and you end up with a countersuit and another judgement for court costs, etc.
You are going to have to convince the court to even consider reopening the case... they aren't going to throw it out over any simple letter you can write them. You are going to have to go through the case all over again IF you get lucky enough to get that far.
Someone else will have to give you more specific information than I can... have patience... others read this forum.
Thank you smoothie but right now I am looking for language to open this judgment any ideas??
Any help smoothie??
Smoothie is there anyone to answer my?? Please helpQuote:
Originally Posted by tony1982
Someone will answer.. please have patience... The right advice is better than just any advice. I don't want to give you something wrong.
Thank you smoothieQuote:
Originally Posted by tony1982
Thank you smoothieQuote:
Originally Posted by smoothy
Tony, none of the legal experts are on site right now. I'll PM a couple of them and hope they will soon see this thread. Meanwhile, don't give up on us, and check back occasionally to see if anyone responded. We're all volunteers and go online when we get a chance. Thanks for your patience!
Thank you wondergirlQuote:
Originally Posted by Wondergirl
Quote:
Originally Posted by tony1982
These posts suggest that you were tried and convicted of criminal conduct. However in your earlier posts you suggest that there is a civil judgment against you and the plaintiff/creditor has obained a writ of execution.Quote:
Originally Posted by tony1982
Which is it?
If it's a civil judgment, were you present at the trial or hearing at which the judgment was ordered?
Tony, This is not chat. You post a question then wait until someone answers. The answer can come in minutes or hours, sometimes even days.
One of the reasons you haven't gotten an answer is you haven't told us what has happened here. As noted, for a writ of execution to be served on your bank account a judgement had to be previously obtained. So you need to tell us the details of what happened here.
From what little you said, I'm guessing you were convicted of domestic violence and you think your lawyer did a lousy job so you didn't pay him. He sued and got a judgment against you. Is that the case? Were you aware that he got a judgment? Were you at the hearing?
There is nothing to say, you will have to file a legal motion in court ( which appears you do not know how to do or what to do) But the writ of garnishment is not the issue, since it is merely done after a judgement.
You have to go back and see when you were served for the hearing on the judgement.
And of course why your renters failed to tell you that a service was done at the rental.
But you go to the court that did the judgement, you see when it was done and how they served you and where the service went.
You will of course have to prove they did not know you lived there. Copies of letters mailed to your current address would help prove.
It is going to take time, you will have to file for a hearing, have a hearing and then hopefully win.
You need to stop any current deposits into that account. Since any future money will just be taken also.
So do you know who the debt is too? I guess so, since you said their lawyer knew where you lived, since I assume you have been dealing with this, and if so, why was nothing solved prior to the law suit for a judgement.
Tony, take a deep breath and calm down. I know, it's easier said than done BUT we need to know what this case is about. What is the basis of the case? Unpaid rent? Domestic violence? Something else?
It is impossible to know/build a defense without knowing the basics of the case - the hows/whens/wheres and details.
Please answer the questions you been asked, calmly.
I have no idea what the situation is and, in fact, the more you post the less I understand.
Tell us what happened and someone will tell you how to handle it.
I wasn't aware of the hrg to argue it nor the fact that a judgment was entered just a writ of execution the day my acct was seized.Quote:
Originally Posted by ScottGem
I do have copies of a letter from same lawyer to correct address, what would my reason be to revoke seizure action when filling out pprwrk??Quote:
Originally Posted by Fr_Chuck
You are right I don't know what to say that was one of my first ?'s w/a petition to open judgment what would be a successful language to use based on lawyers clear knowledge that I didn't live at address served?? Thank you...Quote:
Originally Posted by tony1982
Tony, Didn't you read all that we have posted? You quoted from my post, didn't you read it? We can't help you unless you tell us the full story. What does "hrg to argue" mean? Please read the questions we have asked and answer all of them so we can help you.Quote:
Originally Posted by tony1982
I'm guessing hearing to argue... (the facts of the case).Quote:
Originally Posted by ScottGem
I'm also not too sure that there was a duty to serve a copy of the Writ. I'm more interested in the original papers AND the Judgment.
If Tony is not going to answer simple questions there is no way to know the grounds to attempt to set this aside.
Actually, if there was a default judgment, there was no requirement to serve Tony with that either.Quote:
Originally Posted by JudyKayTee
Let's assume Tony was served with a summons and a complaint for some sort of a civil case. Says something about a wrong address. Did Tony get the summons? If not, T can move to set the judgment aside. If T did get it, and T was defaulted, T is probably out of luck.
It is obvious and sorry, that TONY does not want to tell us the facts of his case, Thus he will not get proper info, ( also someone must have merged several posts since my answer we way before everyone else's at some point yesterday.
How they got the judgement is important, a criminal case or unpaid court or legal fees is far different than a normal civil suit. There is not one vague answer for many types of cases.
There was a criminal case, my lawyer did nothing I asked, was found guilty w/ no evidence produced, now the lawyer wanted more money from me, there was a hrg to argue the money he thinks I owe him, I wasn't notified at all , I received a writ of execution at my tenants' apt. my acct was seized the same day ,I have mail at my correct address from lawyer, of my correct address , improper svc. Showing his knowledge of this, what successful language should be used in my petition to open judgment?? Not how to argue the case that's next. Thank you for all your help everyone...Quote:
Originally Posted by AK lawyer
TonyQuote:
Originally Posted by tony1982
I would also like to know of a good pro bono criminal lawyer in philadelphia any suggestions or help would be greatly appreciated... again thank you everyone
Quote:
Originally Posted by tony1982
So - this is a Judgment against you by your Attorney for unpaid legal (out of a criminal case) fees? Am I right?
Your argument is that you weren't properly served concerning the HEARING, not the Writ. You need to go to the Courthouse, look at the file, look at the Affidavit of Service concerning the HEARING for the money the Attorney claims you owe, get the ruling on that HEARING set aside because you weren't properly served and, therefore, did not appear.
Once you get the Order that the Attorney got after the Hearing, the Writ effectively dies. Of course, if you lose the rescheduled Hearing the Attorney will get another Writ.
I don't believe you had to be served with a copy of the Writ (or even informed). That was a courtesy.
Keep in mind that arguing you were not served is your argument and it's impossible to give you advice without knowing what the Affidavit of Service says.
So - find out the details of service for the HEARING and then come back for advice.
Quote:
Originally Posted by tony1982
Sorry, no one here will recommend anyone. Call your local Bar Association and ask.
At this point you need to find the details of service for the HEARING before anyone, including an Attorney, can help you. In my area no Attorney will "work" pro bono when you are being sued by another Attorney.
OK, now we understand. And Judy's advice is right on, you need to get the default judgment vacated on the grounds of improper service, and ask that the writ if execution be also vacated so you can get your money freed.
Once you do that, then you get another hearing (I'm assuming hrg is your abbreviation for hearing, please use full word here) where you can argue about what you owe the attorney. Its possible the attorney will win and you will owe what he wants.
Quote:
Originally Posted by ScottGem
- Plus interest, possibly fees, possibly Attorney fees (if the Retainer allows them).
Thank you you are right on the money, I wiil go Monday morning to court, what is the name of the order the attorney got after the hrg?? I checked the other day in my records file w/the court clerk, surprise no evidence in file at all woman tells judge she's in fear of her life yet moves from upstairs apt to get this 5 doors away letters in my mailbox while she has stay away order against me notarized document that restitution was pd. Never presented her request to drop case never presented 6 weeks later after breaking up w/ her for 2nd time(I know)she shows up in court in fear for her life the arrest report shows her own contradictions in same statement I passed out in court I was so surprised ,paramedics came , judge asked "are you ready to proceed?" I reply "no my head is spinning, my ears are ringing, i can't hear right, i am sweating profusely, i am very dizzy, no i'm not ready to proceed , judge says "lock him up " I was intimidated into signing a guilty plea in a cell ,which I looked up as the definition of duress ,(according to black's law dictionary) I then proceeded to paper my lawyer to death about all the things he hadn't done and continued to no do for for 8 months until I got out I then had 3months of house arrest I have received 15 phone calls from this stalker she has been seen approx 10-12 times around property I moved to, to get away from her ,saw her parked in front of my new apt. 2 days ago, she waved then drove away, all while I now have to go to a violation of probation hrg for contacting her next week!! I need help she is a stalker and the da is pissed at me because I didn't take her deal. Its never about anyone's rights, its about prosecutions and conviction rates and revenue for the city. By the way the prothonetary told me the grand juries were done away with in approx. 1990, there are only indicting grand juries that answer to and are run by the da , is it possible to reach anyone impartial , this has got to be illegal, at least corrupt. Where is my remedy for relief is habeas corpus my only option?? thank you so much for your help as can see I really need it.Quote:
Originally Posted by JudyKayTee
By the way I need a pro bono lawyer or contingency basis to sue the commonwealth, I also seriously ? Whether the judge had jurisdiction also 7 days until arraigned isn't that technically aggravated kidnapping?? To the judge w/out delay also prior to da being able to view evidence (should be sealed w/ clerk, right?0Quote:
Originally Posted by tony1982
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