Ask Me Help Desk - Judgment found against me and I was never told I was being taken to court.

Last Friday on my way home from work I go to use my debit card and it was denied. I get home and find out that $1600 was being held on my bank account. I find out that is from a judgment that had been made against me in the supreme court in Orange County, NY. For a credit card debit that WAS at $300. So, I was taken to court, had a judgment passed, and ALL of my money, MORE than the money I had, was taken out of my bank account. And the worst part is I had NO idea that any of this was going on. I was never served with papers. No notice of anything, just one day, ALL of my money is gone. Well over what I owed the greedy bastards in the first place. Now. The lawyer that TOOK the money out, he said that the notice was mailed to a previous address, and address I moved from about 6 months ago. Weather or not he actually sent it or not I don't know, but I know I didn't receive it, so there was no way that I could defend, negotiate or anything. Now, my question is what can I do about this situation? There's no way I owe 1600 bucks. The credit limit was like 150, and there was a bunch of late charges, but nothing equaling anywhere near that amount.

Is there a point to file a motion to set aside a default judgment? I mean, they took all my money, I can't pay rent or electric or anything now, and I don't know WHAT I'm going to do, But this whole thing just doesn't seem right to me. Please help!

Quote:

Originally Posted by ftatrisy

Last friday on my way home from work i go to use my debit card and it was denied. I get home and find out that $1600 was being held on my bank account. I find out that is from a judgment that had been made against me in the supreme court in Orange County, NY. for a credit card debit that WAS at $300. So, i was taken to court, had a judgment passed, and ALL of my money, MORE than the money i had, was taken out of my bank account. And the worst part is i had NO idea that any of this was going on. I was never served with papers. No notice of anything, just one day, ALL of my money is gone. Well over what i owed the greedy bastards in the first place. Now. the lawyer that TOOK the money out, he said that the notice was mailed to a previous address, and address i moved from about 6 months ago. Weather or not he actually sent it or not i dont know, but i know i didnt receive it, so there was no way that i could defend, negotiate or anything. Now, my question is what can i do about this situation? theres no way i owe 1600 bucks. The credit limit was like 150, and there was a bunch of late charges, but nothing equaling anywhere near that amount.

Is there a point to file a motion to set aside a default judgment? I mean, they took all my money, i can't pay rent or electric or anything now, and i dont know WHAT im gonna do, But this whole thing just doesnt seem right to me. Please help!!

To start, I don't recommend using the phrase "greedy bastards" in Court. You are undoubtedly being charged late charge upon late charge and interest upon interest as well as Court fees and costs.

If you were not notified of the debt - and you would have had to be served with legal documents either personally, by substitute service followed by mailing or by affixing it to your door, followed by mailing - you have to go to the same Court and file to have the Judgment set aside for bad/no service.

You would ask to see the Affidavit of Service, state the inconsistencies and errors in that document as your reason for setting it aside.

The Court could schedule a hearing on your request to set it aside or - if your argument is very compelling and the Attorney wants to skip a step - just set it aside.

If you go to Court to argue bad service - and you would have to appear - you would most likely be served again right in the Courtroom.

If it is set aside then there would be another hearing, both of you would present proof (they would have to list how they came to the total) and the Judge would render a decision.

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Originally Posted by JudyKayTee

To start out, I don't recommend using the phrase "greedy bastards" in Court. You are undoubtedly being charged late charge upon late charge and interest upon interest as well as Court fees and costs.

If you were not notified of the debt - and you would have had to be served with legal documents either personally, by substitute service followed by mailing or by affixing it to your door, followed by mailing - you have to go to the same Court and file to have the Judgment set aside for bad/no service.

You would ask to see the Affidavit of Service, state the inconsistencies and errors in that document as your reason for setting it aside.

The Court could schedule a hearing on your request to set it aside or - if your argument is very compelling and the Attorney wants to skip a step - just set it aside.

If you go to Court to argue bad service - and you would have to appear - you would most likely be served again right in the Courtroom.

If it is set aside then there would be another hearing, both of you would present proof (they would have to list how they came to the total) and the Judge would render a decision.

:) Hehe, no, believe me I wouldn't dare use greedy bastards in the court room. But that's just it, I was never served, no one handed me anything, I never got anything in the mail, which the lawyer said was sent to an old address, and there was nothing stapled to my door. I found out about this whole thing by first calling my bank to find out why so much money was taken out, they gave me a number and then I called the lawyer who took the money working for the credit card company. That's when I found out all that went down.

That's just it, my argument is NOT that I don't owe the money, but that I don't owe that much money. And I would have negotiated something had I known what was going on. Based on that, do you think I have a shot, or should I just try to suck it up and pick myself back up?

LOL, yes, I realize that you are not my lawyer, I'm just hoping for some useful advise. I couldn't afford a lawyer in the first place, I don't know how I would pay for a lawyer now that they took all the money I had. And I would have paid off the credit card if they didn't make it so impossible to accomplish. When I pay 20, yet they add on a 30 dollar late fee and then a 30 dollar over the limit fee, well, when you don't HAVE the money, its kind of hard to PAY the money, and they know that, and they love it.

But, anyway, do you think that there is a point in filing for this motion, or is it just prolonging the agony?

Quote:

Originally Posted by ftatrisy

:) Hehe, no, believe me i wouldnt dare use greedy bastards in the court room. But thats just it, I was never served, no one handed me anything, i never got anything in the mail, which the lawyer said was sent to an old address, and there was nothing stapled to my door. I found out about this whole thing by first calling my bank to find out why so much money was taken out, they gave me a number and then i called the lawyer who took the money working for the credit card company. Thats when i found out all that went down.

Thats just it, my argument is NOT that i dont owe the money, but that i dont owe that much money. And i would of negotiated something had i known what was going on. Based on that, do you think i have a shot, or should i just try to suck it up and pick myself back up?

LOL, yes, i realize that you are not my lawyer, im just hoping for some useful advise. I couldnt afford a lawyer in the first place, I dont know how i would pay for a lawyer now that they took all the money i had. And i would of paid off the credit card if they didnt make it so impossible to accomplish. when i pay 20, yet they add on a 30 dollar late fee and then a 30 dollar over the limit fee, well, when you dont HAVE the money, its kind of hard to PAY the money, and they know that, and they love it.

But, anyway, do you think that there is a point in filing for this motion, or is it just prolonging the agony?

The whole "Attorney" thing wasn't aimed at you. It's part of my signature. I think I'm going to change the order around because you're not the first person who thought I was addressing them. You ARE the first who didn't take it as an insult - :)

I've got two thoughts on this. You might be prolonging the agony. They certain will re-serve you and they'll certainly try their hardest to get a judgment. They very well may win.

Then there's the other side - I own a process service company. I run it clean and straight - if I say you were served, you were served. All I have in this business - and maybe in my life - is my reputation. It infuriates me when someone is not actually served and the papers are filed saying that they were. Absolutely infuriates me. It makes us all look bad and win, lose or draw you were entitled to be notified and you were entitled to appear. Maybe you would have made a settlement offer. Maybe they would have accepted it. You'll never know.

So I have very mixed feelings on this one - very mixed.

If you have the time and inclination, sure, give them a run for their money. If, on the other hand, hey, that's how it's going to end up, then let it go.

Of course, if you file to set it aside for bad service there's a really good chance they'll negotiate a settlement with you. A really good chance. Right now they have no incentive to do so.

And I think your good attitude about this whole thing - as evidenced by this post - will carry you far. It's the ranting, raving, spitting people who lose it... and lose! It's the thinking it over people who win in Court.

One thing to add to Judy's excellent advice above. Since this was an old address not even 6 months ago, did you ever notify the post office of your NEW address? Were you receiving your billing statements from this company at your new address or at your old address and never bothered to change the address with them? Do you receive all you billing statements from other companies (provided you have other billing statements to receive that is) at your new address having properly notified them of your new address? Sounds trite, but if you don't notify the post office, they don't just automatically forward your mail. Also, didn't you notice you didn't receive anymore billing statements from the company you owed the $300 to? I know you were supposedly served, etc. but essentially the onus is on you to provide these companies with your new address.