Can a judgement be passed on you without being summoned to court to dispute the judgement? If they judgement was passed then why is it only on one of my credit reports and my credit score hasn't gone down? Since the judgement is passed does that mean they can still sue me or are they just going to try and collect the money without taking me to court?

Do I need to get off my joint checking accounts to protect the money in them?

Thanks in advanced and sorry for it being so many questions.

Hello x:

A judgment is the END of a lawsuit - not the beginning. You already were sued, and you lost. If you weren't served, go back to the court where the judgment was awarded and file a motion to have the judgment overturned due to lack of service. If the other guy can't prove you were properly served, then you'll have your day in court.

Then you'll have to prove the debt wasn't yours. Or, if you can't do that, you'll be in a much better negotiating position, so you'll be able to make a reasonable offer.

Yes, money in your joint checking account is vulnerable.

excon

What about if the joint account is in a different state? We live in NY but our bank is only in PA. I read on another board that they have to file in the state that your work or have your bank in to be able to garnish money from a bank account. And how come my credit score is still high? The judgement was passed in Feb.

Hello again, h:

If it were ME, I wouldn't leave ANY money in ANY account with my name on it, in ANY state. Most banks aren't local, but national. If I'm wrong, you've still got your money. If you're wrong, you don't.

I don't know why your credit score is high. I'll bet it won't be shortly..

excon

Thanks.
Well it has been almost 6 months since they passed the judgement and my credit score has only gone up since then. The judgement was only on one of my credit reports and not on any of the other ones.

Our bank is local it only has 4 branches, and their main branch in in PA along with the rest of their banks. And I just checked my account and the money is still there.

I forgot to mention that it was a medical debt and the last thing I got from them was a reuqest for the money plus interest. They wanted $4,000 and something, but on my credit report the judgement says that they debt was only $2,750.

Whether a judgement shows up on your credit report or not depends on the efficiency of the reporting agency. The courts don't automatically report judgements, the reporting agencies monitor the courts.

It doesn't matter if the bank's main HQ is in another state. The writ of attachment can be served on a branch.

Well then how long would it take them to seize the bank account? And why are they still sending me collection notices if if a judgement has been passed already? I guess I should call a lawyer.

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Originally Posted by excon

Hello x:
If you weren't served, go back to the court where the judgment was awarded and file a motion to have the judgment overturned due to lack of service.

excon

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The problem with that is that the court that they got the judgment passed in is about a 3 hour drive for me, so I wouldn't be able to go to that court.

Should I try and call them to arrange some sort of agreement for payment or should I call a lawyer and have them do it?

I have no idea what to do about it, and I wouldn't have even known that they had a judgment passed against me if I didn't decide to check my credit report.

Maybe they don't know where you bank. Maybe the medical office filed the suit and not a collection agency that knows how to collect. No way for us to answer.

Have you tried offering a settlement plan?

Hello again, h:

You're going about this a$$backwards... and you're going to cost yourself MORE money in the long run.

Look, this isn't the judgmental board, so I'm not going to come down on you for not paying your bills. In terms of how much trouble it causes YOU, however, you should change up the way you do business.

You don't need a lawyer. You OWE the money. You HAVE a judgment against you. They sued you for LESS than they could have. They HAVEN'T bothered to seize your accounts yet. WHAT could a lawyer do for you now??

Look, I don't know WHY the collectors are dufus's. Who cares?? YOU are the beneficiary of their incompetence... TAKE advantage of it. DON'T make it worse.

What you should do, is negotiate a settlement with them. It's clearly going to be LESS than what you owe, and you're not going to have to worry about your accounts... If they only want $2 grand NOW, you can probably settle for as little as $1K.

That's what I would do. You can do something else.

excon

They don't want 2k, everything they send me says 4k. But on my credit report it said the 2k which was the original bill.

I never paid it because they bill shouldn't have been there in the first place. But when the bill was made I was 16 and I guess immature and didn't think of trying to fix things.

Long story short, I had my son at 16, my mother's insurance told me my baby would be covered, but then a month or so after he was born we were told me wouldn't be covered because I was a dependent of a dependent. They covered all my maternity, labor and delivery, but refused to pay the nursery bill. If I would have known better then I would have went after the insurance company since I was told me would be covered and nursery bills are pre-autorized so someone knewn he wasn't covered and no one ever informed me.

About 4 years ago I tried to set up a payment plan with them and they refused it. So I doubt they are really willing to negotiate.

What you should be doing is countersuing the insurance company.

The problem is that I have no proof that they told me my son would be covered (they told me on the phone) and I don't know if I still have all of that insurance companies info (policy, member id and all that jazz).

Should I be looking for a civil laywer then? Or just try and bargain with the collection agency again? If they accept a payment amount does the judgement go away?

I just found this on a free legal advice site "Certain accounts, such as those held jointly with someone who is not a judgement debtor, are "exempt" from garnishmnet."

And how do they define "certain accounts? Generally, as long as a person is listed as a joint owner the account is subject to attachment. If you can prove that the funds dseposited in those accounts was exempt from garnishment, then you can have the attachment lifted or maybe prevented.

Hello again, h:

They've already sued you for $2K. They cannot NOW collect more than that, and they can't sue you again.

They can't do ANYTHING except garnish your wages and seize your accounts. If they don't know that's what their options are, then I submit again that they're dufus's.

THIS too, is a free legal site. THIS site is telling you that your accounts are vulnerable. If you would rather believe THAT free site, knock yourself out.

The judgment will go away in 10 years - NOT BEFORE. Paying it will only result in a paid judgment that will stay on your credit report for 10 years. It's hardly better than a non paid judgment... I guess it could be worth 5 points on your FICO.

I know what THEY say, but if you have cash to send them, they WILL change their tune when you get them on the phone... Of course, you'll remind them that the judgment was for only $2K. You're NOT going to let them snow you, are you?

excon

I was reading NY's website and it says that they couldn't have sued me without summoning me, which they never did. I don't have the cash to pay them, I was willing to put it on a credit card to get rid of it, but the only option they ever gave me was a check.

I was also reading NYs laws and procedures for suing and this collection agency didn't follow any of them.

I am afraid to call them because the last time I did, they refused the payment amount I could afford. Every time I have tried to arrange some type of payment they have ignored me.

Quote:

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Originally Posted by x_harmoni_x

I was reading NY's website and it says that they couldnt have sued me without summoning me, which they never did. I dont have the cash to pay them, I was willing to put it on a credit card to get rid of it, but the only option they ever gave me was a check.

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While its true if you weren't properly served then you can vacate the judgement. But all that means is they will refile it and make sure you are served. You still might want to do this to get your day in court.

Hello again, h:

Well, if you don't want to talk to them, ignore them. They're not doing anything to collect their money anyway. Tell them to stop bothering you. If you do it by mail, they MUST stop. What's the big deal?

excon

Thanks for all the advice!

I think I am going to call the laywer in town and have him look everything over. I am hoping that he will be able to get a decent settlement amount. I am obviously going to to find out how much he charges per hour and for a consultation before I definitely go that route.