Okay I want to try and give as much information as possible without overkill but I need as much help as possible

First off I live in the state of Georgia.

In 2002 I sold my company along with 2 other partners. Over a year after the sell the buyers tried sue us for the money from the sale (their service was so bad they lost many of the customers they purchased.) At first we tried to fight it but became tired of all the legal fees. So 2 of the partner myself & one other tried to work with the company to regain some of the customers. The other partner (who is an attorney) still fought in court. We parted ways with him. The company who bought us sold out to someone else. We stepped out of everything. I was never aware of any judgemnet put into place on me. I walked away with 400,000 and a noncompete of where I could not work within a 100 mile radius of the area for 5 years. Now 6 years later- I have just had my bank account frozen.
Now I do not know what to do. I have just started another business and I am afraid they will attack that as well.

I have limited funds to retain an attorney to fight this, my account it frozen, can they attack my home as well. I have a mortgage on it as well as a small second lien.

I think that I can have the funds released because I was never properly served. I also don’t know if the judgement is in my name last I heard over 4 years ago their was a judgement in the attorney/ partner who fought it & the company name.

They are also asking for over a million dollars.. which I never received near that much. I walked away with much less, could not work for 5 years, and now that I am trying to work I am being attacked. What should I do.

I don’t want to hide but I also don’t want them taking what little (very little) that I have. And a million dollars.. well I can’t even come close to meeting that amount. I would be lucky to come up with $50,000.

If I hire an attorney and they release my bank account what is the next step? What will they try to do then..

And where can I find a copy of the so called judgement? Will the bank have the papers?
I just became aware of this yesterday.. I need to know what I should do Monday morning

I received a letter in the mail (not registered) it is a scheduled case I think.. It is the state court and says a Peremptory Calendar what does that mean? Does anyone know what that is..

It's a calendar of cases scheduled to be heard within a certain time frame - I've seen 21 day calendars and also 30 day calendars. The Court Clerk prepares the calendar and copies get sent to all the Attorneys involved for that time frame so they can begin to finalize their cases. I've never seen a calendar sent to the individual parties but it must happen because you got one!

It puts people on warning that their case has moved up on the docket.

Well I am not sure what's being finalized? I just had my bank account frozen, yesterday. I didn't even know I had a judgement against me?

I am going to contact an attorny Monday. Thank you for your answer.. is there any other information you might have.. how do I even know what the case is about?

Once again
Thank you

[QUOTE=stacyneedshelp1]well I am not sure what's being finalized? I just had my bank account frozen, yesterday. I didn't even know I had a judgement against me?

I am going to contact an attorny Monday. Thank you for your answer.. is there any other information you might have.. how do I even know what the case is about?



Hmm - no, I'm not sure. It sure sounds like a pending action against you has been placed on the Court calendar for trial/hearing. If there already is a Judgment against you it certainly can't be that case; is it possible someone else has a matter against you? What else does the notice say? Isn't there a Defendant's name?

Is it on the civil court docket? Could it be a criminal court matter?

I know I've asked questions instead of answering them but I'm just rummaging around here, trying to think what it could be.

And, as I said, highly unusual in my area for the Defendant to receive a copy of the calendar or this type of notice unless it's a matter where you've appeared for yourself instead of by Attorney.

I'll be curious to learn what the Attorney says on Monday.

(When I said finalized I meant that this is the Attorney's last chance to get his case prepared, his witnesses lined up, that sort of thing.)

I had my bank account frozen, and from what I understand it is a garnishment. So I know it is the same people because it's the same name as shown on the calendar hearing. I have not had an attorney , nor have I been apart of any case.

The judgemnt or maybe judgement (still not sure of this) would be in another county that I have never lived in, could it be part of that? Does that matter I asked one other question on this site, I don't know if you can look at it but it has more details of what's been going on.

Also the money they are asking for is ludicrus They want a million dollars out of me.. I can not produce that. What is worse case? If they have a judgement can they take my furniture, house (which has a mortgage)
I am worried since my account was frozen I don't know what they can legally do?
Sorry for all the questions.

Quote:

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Originally Posted by stacyneedshelp1

Okay I want to try and give as much information as possible without overkill but I need as much help as possible

First off I live in the state of Georgia.

In 2002 I sold my company along with 2 other partners. Over a year after the sell the buyers tried sue us for the money from the sale (their service was so bad they lost many of the customers they purchased.) At first we tried to fight it but became tired of all the legal fees. So 2 of the partner myself & one other tried to work with the company to regain some of the customers. The other partner (who is an attorney) still fought in court. We parted ways with him. The company who bought us sold out to someone else. We stepped out of everything. I was never aware of any judgemnet put into place on me. I walked away with 400,000 and a noncompete of where I could not work within a 100 mile radius of the area for 5 years. Now 6 years later- I have just had my bank account frozen.
Now I do not know what to do. I have just started another business and I am afraid they will attack that as well.

I have limited funds to retain an attorney to fight this, my account it frozen, can they attack my home as well. I have a mortgage on it as well as a small second lien.

I think that I can have the funds released because I was never properly served. I also don’t know if the judgement is in my name last I heard over 4 years ago their was a judgement in the attorney/ partner who fought it & the company name.

They are also asking for over a million dollars..which I never received near that much. I walked away with much less, could not work for 5 years, and now that I am trying to work I am being attacked. What should I do.

I don’t want to hide but I also don’t want them taking what little (very little) that I have. And a million dollars.. well I can’t even come close to meeting that amount. I would be lucky to come up with $50,000.

If I hire an attorney and they release my bank account what is the next step? What will they try to do then..

and where can i find a copy of the so called judgement? Will the bank have the papers?
I just became aware of this yesterday.. i need to know what i should do monday morning

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Should be merged with the same question, different heading -

Quote:

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Originally Posted by stacyneedshelp1

I had my bank account frozen, and from what I understand it is a garnishment. So i know it is the same people because it's the same name as shown on the calander hearing. I have not had an attorney , nor have I been apart of any case.

The judgemnt or maybe judgement (still not sure of this) would be in another county that I have never lived in, could it be part of that? Does that matter I asked one other question on this site, I don't know if you can look at it but it has more details of whats been going on.

Also the money they are asking for is ludicrus They want a million dollars out of me.. I can not produce that. What is worse case? If they have a judgement can they take my furniture, house (which has a mortgage)
I am worried since my account was frozen I don't know what they can legally do?
sorry for all the questions.

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The two threads should be merged because without the other post I had no idea this is a commercial transaction gone wrong, not a personal debt.

You say you have never had an attorney nor are you part of any case but your other thread would indicate you've been aware of this situation for over 4 years and the Judgment was taken against you as a partner/owner/principal in a company which you and your partners sold. The calendar should only list the names of the parties, not the dollar amounts - ? Why do you think people unknown to you concerning a lawsuit unknown to you are seeking 1 Million Dollars?

And, yes, they can attempt to satisfy the Judgment by any legal means at their disposal. Some States have a homestead exemption, I believe around $5,000.

You can attempt to set the Judgment aside, of course, if you have legal grounds to do so and, if you get it aside, the matter will go back into Court and hopefully you can present evidence which will preclude another Judgment against you.

Sorry but there are too many contradictions here (I have no idea what you do or do not know; if you have or haven't been served) to give an informed opinion - at any rate, you definitely need an Attorney.

Thanks for your answers
I have not been served. I don't know if there is an actual judgement or not. I tried to list as much info as I can, and I know you are basing it on what little I give. (by me saying I do not having an attorney - meaning I have not spoken to one about this or asked for representation on this issue. My old partner in the company was an attorney but he was not hired to represent me. And I have had no contact with him since the beginning - mid of 2003 The company sold in 2002. Between 2003 up until now I have not had any corrospondence with him. I have not received any papers from the attorney who handled the sell of the company or the people who purchased it.


I got the dollar amount & the name from the Bank. I obviously knew what it was all about once I got the name.

Your right I should have merged the two together but I posted the lengthy one first, and no-one responded so I posted another about the peremptory calendar hearing..

Worse case if there is a judgement.. which I am assuming there is since someone froze my account what are my options if I can't pay.

Thank you for taking the time to answer

There are some things here that don't make sense. Was the company you sold a corporation or LLC or was it just in the personal names of you and your partners? I would find it hard to accept, if one of your partners was an attorney, that it wasn't setup to protect personal assets.

Its not uncommon, in cases of small personal debts , for collectors to use shady techniques to get default judgements without the debtor knowing it. But I find it hard to believe that a large commercial suit would do that. I also find it hard to accept that they would go after a small personal account for a million dollar judgement.

And why would you get notice of a court hearing if they already have a judgement? So I have to believe that you are getting some facts mixed up here. Hopefully, when you talk to an attorney, he can get the facts straightened out. Right now the only help I think we can give is to tellyou to get an attorney.

Quote:

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Originally Posted by stacyneedshelp1

worse case if there is a judgement.. which I am assuming there is since someone froze my account what are my options if I can't pay.

thank you for taking the time to answer

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You definitely need an Attorney as quickly as possible - and, unfortunately, there's no category for "I can't pay." The creditor will take every legal means from foreclosure to liens to seizure to garnisheeing wages in order to get paid. Hopefully an Attorney can put your feet on the right path or negotiate with the other party(ies).

I am (obviously) massively confused because I thought the only notice you got about anything was the calendar and none of the names were familiar. But you did get something with a dollar amount - possibly concerning your bank account?

No need to answer - an Attorney will hopefully unravel all of this for you - and quickly!

Thanks to the both of you for taking your time to answer my questions. I plan to meet with an attorney in the morning to figure out what's going on & what's my options.
Is there any chance of me recouping the money in my personal account that is currently frozen? It is not a lot but it is there to pay my bills, and I am having to ask my family for money.
How long do they normally freeze it before releasing the money over to them?

If you can show that the judgement was obtained without proper service, then you can get the judgement vacated and the account released. Normally its at lease a week before money is actually turned over.