Ask Me Help Desk - Default Judgement

Ok so here is my problem, I was sued by chase bank. A law firm is representing the bank and they are stating that they summoned me for a hearing on June 12, 2008 and are stating that they have proof of service which is a total lie! I never received anything in person. I was working that day and could have been impossible for me to receive it. They are stating that they did not give the court papers to anyone else but ME. I called the court and asked them if they had the proof of service and they said YES and then I asked them if they would know who they gave it to? And their answer was that they didn't really know and that they would go by what the company told them or gave them. So last week I received a entry of default which is I assume for people who did not show up or respond to the summons. Well I contacted the lawyer firm so I can make payment arrangement and they said that they would not be able to make arrangement until they had a default judgement. I was thinking of vacating the entry of default because I was not properly served but I heard that it wouldn't work... Im scared and don't know what to do. I know I owe that money and want to pay for the amount owed. My husband and I have been going through a really tough time financially. I cannot pay for the full amount but I can pay a little a month. It is August 25th today and I still have not paid my rent for this month. I also owe about 5 more companies. I used to have a credit score of 720 until last year. Everything started going down hill and haven't been able to get back on our feet. I am the only one working and it is not enough to support my family. I am also in default on my vehicle and they are probably going to repossess.

I have thought about bankruptcy but I heard it is really expensive. I also wanted to know if I have to tell them where I'm working or if I have a bank account. I would not be able to live with wage garnishment, we would go broke and homeless. Someone told me that if I didn't tell them, that they would not know, so not to disclose it, is this possible? PLEASE HELP! I really appreciate all the advice I can get.

Yes, they will ask you to disclose this information. If you do not disclose the information, they will get a Court Order to make you disclose the information. I hated to tell you this, but unfortunately things don't look on the bright side for you financially right now. You will have to make some sort of arrangements with the law firm or else consult with a bankruptcy attorney at once. It may not cost as much as you think either. Years ago I would prepare bankruptcy filings for an attorney I worked for and a lot of things could be discharged under a Chapter 7 filing, but the bankruptcy laws have changed so much it's hard to tell how it would benefit you or not now. You can always have a consultation with a bankruptcy attorney and see what he advises you. Don't despair.

Quote:

Originally Posted by vmendoza18

Ok so here is my problem, i was sued by chase bank. A law firm is representing the bank and they are stating that they summoned me for a hearing on June 12, 2008 and are stating that they have proof of service which is a total lie! i never received anything in person. I was working that day and could of been impossible for me to receive it. They are stating that they did not give the court papers to anyone else but ME. I called the court and asked them if they had the proof of service and they said YES and then I asked them if they would know who they gave it to? and their answer was that they didn't really know and that they would go by what the company told them or gave them. So last week I received a entry of default which is I assume for people who did not show up or respond to the summons. Well i contacted the lawyer firm so I can make payment arrangement and they said that they would not be able to make arrangement until they had a default judgement. I was thinking of vacating the entry of default because i was not properly served but i heard that it wouldn't work... Im scared and don't know what to do. I know i owe that money and want to pay for the amount owed. My husband and I have been going through a really tough time financially. I cannot pay for the full amount but I can pay a little a month. It is August 25th today and I still have not paid my rent for this month. I also owe about 5 more companies. I used to have a credit score of 720 until last year. Everything started going down hill and haven't been able to get back on our feet. I am the only one working and it is not enough to support my family. I am also in default on my vehicle and they are probably going to repossess.

I have thought about bankruptcy but i heard it is really expensive. I also wanted to know if I have to tell them where I'm working or if I have a bank account. I would not be able to live with wage garnishment, we would go broke and homeless. Someone told me that if i didn't tell them, that they would not know, so not to disclose it, is this possible? PLEASE HELP! I really appreciate all the advice I can get.

If you DO get service set aside they will simply serve you again - probably right in the Courtroom.

Yes, if they get a Judgment you are legally obligated to give them the financial info they need in order to collect on the Judgment. If you do not you can be hauled into an Attorney's office to testify or into Court and forced to testify under oath or - if the Judge is in a bad mood - sit in jail.

Maybe you should let them get the default Judgment and then see if you can negotiate some type of payment arrangement - because I think they are going to get the Judgment if you do or don't argue service.

:( Thanks Judy Kay Tee! They siad if I filed a motion it would only prolong the process it wouldn't make any difference. Which I still feel it is unfair because I did not get my fair day in court. I own full responsibility of the debt and want to pay for it, but the fact that I did not get served properly and didn't attend the hearing then it makes ME look bad! It is very frustriating.

I am seriously considering filing for bankruptcy and I have been looking online today, it is kind of confusing with chapter 7 and chapter 13. I am going to contact a lawyer regarding this matter.

Thanks also to twinkiedooter for your advice... the funny thing is that the person who said not to disclose this information was referred to me by the court system. I am still unsure to what I am going to disclose though, I am very scared and hoping for the best.:(

Quote:

Originally Posted by vmendoza18

:( Thanks Judy Kay Tee! They siad if I filed a motion it would only prolong the process it wouldn't make any difference. Which I still feel it is unfair because I did not get my fair day in court. I own full responsibility of the debt and want to pay for it, but the fact that I did not get served properly and didn't attend the hearing then it makes ME look bad! It is very frustriating.

I am seriously considering filing for bankruptcy and I have been looking online today, it is kinda confusing with chapter 7 and chapter 13. I am going to contact a lawyer regarding this matter.

Thanks also to twinkiedooter for your advice... the funny thing is that the person who said not to disclose this information was referred to me by the court system. I am still unsure to what i am going to disclose though, I am very scared and hoping for the best.:(

If they already have the Judgment - and it appears that they do - providing them with your financial information will prove to them that you CAN'T afford to pay it right now, that you don't have the resources.

The creditor only knows at this point what you tell him and so if you tell him the truth in a matter-of-fact way you cannot hurt yourself. You can't pay if you don't have the resources. Prove that to the creditor!

I understand your frustration if someone filed a false Affidavit on you. If you were not personally served you should have also received a copy by mail. Quite frankly, I can't remember if you did or didn't.

I own a process service company. I post this all the time - I've never lost a Court contest but that doesn't mean there aren't people out there willing to jeopardize their reputations by playing around with service. I do think your "day in Court" would have been you standing there, saying little - because you have no legal defense - with the same result. So maybe it's better this way - :)

And, yes, Twinkie knows her stuff.

Let us know how it works out -

Judy! I just went to the courts website and found out this information, can you please let me know what this means? I have no idea. I guess that on 5/20/08 was the first day they filed against me, but then I don't get everything else. Please help!!

05/20/2009 8:30 AM DEPT. R6 OSC RE: STATUS OF DEFAULT JUDGEMENT PURSUANT TO CRC3.740 VACATED
11/12/2008 8:30 AM DEPT. R6 OSC RE: SERVICE COMPLETION PURSUANT TO CRC3.740 VACATED
08/20/2008 CASE SENT TO JUDGMENT SHELF W/FILE FOR PROCESSING - Not Applicable
08/19/2008 JUDGMENT ON COMPLAINT OF CHASE BANK USA, N.A. FILED Not Applicable
08/19/2008 DECLARATION & ORDER RE: LOST ORIGINAL CONTRACT FILED. Not Applicable
08/19/2008 DECLARATION RE: PURSUANT TO CCP1033 FILED BY CHASE BANK USA, N.A. Not Applicable
08/19/2008 DECLARATION RE: IN SUPPORT OF ENTRY OF DEFAULT JUDGMENT FILED BY CHASE BANK USA, N.A. Not Applicable
08/19/2008 DISMISSAL FILED ON COMPLAINT OF CHASE BANK USA, N.A. AS TO DOES ONLY Not Applicable

My answer is late and probably won't be of much help, however, I just went through a bankruptcy under the new laws! Anyone thinking about bankruptcy better also sell your first-born and hire a bankruptcy atty, otherwise you won't get through the bankruptcy unscathed. Filing bankruptcy isn't like it used to be, before the new laws. It's complicated and a lot of behind the scenes stuff can go on; before you know it, you have nothing and can't figure out why. Here's the short version of my case, which BTW I barely survived financially. Thank God I had a friend that loaned me the money for the atty or I would be walking the streets homeless right now. I started filing it Pro Se, being a Certified Paralegal I figured, "How hard can it be?" I did all of the research and filled out the 3# of paperwork and filed it; within 4 days the s**t hit the fan. As far as what you have to "disclose," everything but your sexual preferences. If you get caught doing otherwise count on prison time in a Federal prison. At the time I filed my bankruptcy I had a civil lawsuit pending in the District Court (Federal level), against 16 defendants (can't give the short version of that, too convoluted). Welllllllllllll, one defendants' atty decided he was going to save the day and started calling the Bankruptcy trustee, trying to "cut a deal," not only for his client but the clients of 3 other attys. You see, under the new laws, the bankruptcy trustee owns you and everything you have until the case is discharged, i.e. the trustee now owned my civil lawsuit. This atty, and 5 of the defendants, were after two things: The copyright and royalties to a book I had published and the sequel that was about to be released. Since the book and civil lawsuit was about corruption and the defendants were characters in my book (written as a memoir, with names, places, and dates), they wanted the copyright to both books, the published one to jerk off the shelves and the sequel to prevent it from ever going public. You'll never guess "how" I found out what they were up to! The bankruptcy trustee's assistant told me :)
The atty, on behalf of those 5 defendants had made an "offer" on my copyrights and the only way I could retain ownership of the copyright was to make a higher "offer" for my own copyrights. Royalties and copyrights are not property you can claim as exempt. The atty had the trustee convinced that I was right up there with Steven King, as far as the royalties I was collecting on my book. So, based on that, the trustee filed 3 motions in the "Federal" curt, all of which had to do with me "turning over my assets," in other words, taking everything out of my Trust so the defendants, and the bankruptcy court, could gain access to it. I forgot to mention that every asset I own, including my dogs, was transferred to a Living Trust 7 years before filing this bankruptcy. Keep in mind that I am attempting to fight this on my own, not having the funds for an atty.
A friend finally came through and loaned me the money to hire an atty. The bankruptcy case already being filed and a date set for the "Meeting of Creditors," the atty told me not to go to the meeting, the case would be dismissed, and then, he would just refile a new one. That's not exactly how it happened! Within a few days of not going to the "Meeting of the Creditors" is when the trustee filed his 3 motions. I was doomed, even with an atty.
The outcome: The minute the trustee found out I had an atty, who attended the "Meeting of Creditors" with me, he withdrew his motions, they were vacated by the court, my bankruptcy was discharged, I kept my copyrights and royalties, and it was over in less than 30 days.
Apparently, this atty had been calling the trustee on a daily basis, feeding him all kinds of false information about me, my assets, and my book. Supposedly, this is not a "normal" practice during a bankruptcy, for an atty to be calling so much, if at all.
The message: DO NOT try to file a bankruptcy without an atty, you will lose, guaranteed! With the new laws in place you can't conceal things like before, and, everything in your bankruptcy goes way beyond the meaning of "Public Records."

Regards,
Looking4trth