Hello!
First, thank you for taking the time to read my questions. This has been an interesting process to say the least.

Apparently, in 2003 I had a default judgment issued against me. I was not personally served; my ex husband signed for the documentation. I did not reside with him at the time. So, long story short, the default judgment was awarded.

Fast forward to now. I have been working on my credit for some time, since my ex ruined it. This judgment never came up on my report. In August of 2011 I was served a letter that stated the creditor wanted to 'revive' the judgment. It was not a notice to appear. I wrote my response, stating I didn't know about the judgment, I wasn't served, etc. I never heard anything back.

Apparently, the creditor filed a motion to answer my response in August 2011 reply to the court in March of 2012. There was a hearing. I was again, not notified. The creditor then filed a motion to levy my bank; how they found that but not my address is really interesting, isn't it?
That said, the judge allowed it. You can imagine my shock when I see my bank account frozen.
I contacted the court. They claim it isn't up to them to notifiy me of anything, it's up to the creditor. Um, OK. They tell me to call the creditors legal representation. So I call. The guy I talk to, who claims he "works" for the attorney of record actually screams at me on the phone, tells me to shut up, he will hunt me down and find me, he doesn't care about me just my money, and says "wah wah wah are you a little crybaby?". I never got a word in edgewise, I was calm and collective, just trying to get info about the case. Needless to say, I got nowhere.

I called two attorneys. Neither has called me back.

I filed a motion to vacate the bank levy and motion to vacate the default judgment, listing the reasons.

My question is this: will the judge rule on my motion based on my filing or will there be another case? I left it out, but this case is in Ohio... I live in Tennessee. I have for four years.

Opinions, thoughts? Thanks again. Appreciate anyone's comments.
Have a great day.

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Originally Posted by MrsMopar

Hello!
First, thank you for taking the time to read my questions. This has been an interesting process to say the least.

Apparently, in 2003 I had a default judgment issued against me. I was not personally served; my ex husband signed for the documentation. I did not reside with him at the time. So, long story short, the default judgment was awarded.

Fast forward to now. I have been working on my credit for some time, since my ex ruined it. This judgment never came up on my report. In August of 2011 I was served a letter that stated the creditor wanted to 'revive' the judgment. It was not a notice to appear. I wrote my response, stating I didn't know about the judgment, I wasn't served, etc. I never heard anything back.

Apparently, the creditor filed a motion to answer my response in August 2011 reply to the court in March of 2012. There was a hearing. I was again, not notified. The creditor then filed a motion to levy my bank; how they found that but not my address is really interesting, isn't it?
That said, the judge allowed it. You can imagine my shock when I see my bank account frozen.
I contacted the court. They claim it isn't up to them to notifiy me of anything, it's up to the creditor. Um, ok. They tell me to call the creditors legal representation. So I call. The guy I talk to, who claims he "works" for the attorney of record actually screams at me on the phone, tells me to shut up, he will hunt me down and find me, he doesn't care about me just my money, and says "wah wah wah are you a little crybaby?". I never got a word in edgewise, I was calm and collective, just trying to get info about the case. Needless to say, I got nowhere.

I called two attorneys. Neither has called me back.

I went ahead and filed a motion to vacate the bank levy and motion to vacate the default judgment, listing the reasons.

My question is this: will the judge rule on my motion based on my filing or will there be another case? I left it out, but this case is in Ohio...I live in Tennessee. I have for four years.

Opinions, thoughts? Thanks again. Appreciate anyone's comments.
Have a great day.

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So... after 9 years... you are trying to get a judgement vacated now that they found and attached your money (via a writ of Garnishment they got back then)? Don't think its going to happen...

Then you get a second judgment against you... which one was acted on? Why do you think they have to let you know before they take it so you would have time to hide it... the Writ already allows them to take it. And they can keep getting it renewed until you die an old woman.

They are under no obligation to contact you to renew a collection judgement... the judgement lasts forever... the Writ needs periodic renewal... and you have no input on that. It can be renewed until the debt is satisfied or you die and then they can take it from any estate you have.

Smoothy,
If I would have been afforded the opportunity to be notified of the original judgment in 2003, I would have gone to court and proven that the debt was being disputed. However, I wasn't afforded that opportunity. I never knew of the 2003 judgment until August of 2011. In my response then, I requested verification of the debt and explained that I was not served. I actually obtained a copy of the signed post office certification notice in 2003 from the court and it was definitely not my signature. I submitted that info as well.

I do not run out on my debt. I have worked hard to pay all my ex's credit cards off just to clear my name. And I've had judgments before, two in fact, that I was informed of and made arrangements to pay so that my wages were not garnished. I live up to my word.

But to revive a judgment and not allow a person to even represent themselves in court is wrong. If the creditor wants to come after me, so be it. I don't have a problem getting an attorney and fighting it. The only reason this creditor did things underhandedly is because they knew it was wrong from the get go.

I've never hid from anyone, and won't ever either. It wouldnt' hurt my feelings one bit to go to court with these people. At least then I could see what in the world they are talking about with this so called loan in my name.

What you don't know is that my ex had 5, yes that is five, credit cards that I didn't know about. They were all maxed out. Needless to say, I've fought a battle with them all, and all of them were sympathetic and made generous offers to help me pay or pay a portion, to simply clear MY name. I have three credit cards myself, all in excellent standing. I don't shirk my responsibility.

Thanks for your comments... I think. LOL.

No harm in trying, the worst that will happen is you will end up where you are now plus some additional legal fees... just that the timing of all of this is going to make it harder for you to win.

And its unlikely you are going to get that money back that they already got without actually getting it reversed first.

Its not uncommon for a writ to be renewed silently... after all the court case was already won in their favor... the writ is just their collection mechanism.

How did you manage to go so many years without knowing the judgement was levied against you if it was on your credit reports? That will prevent you from getting a car loan... or most credit cards... Not intending to be mean... these are all things you are likely to hear from them if you win a chance to have it heard in court.

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Originally Posted by smoothy

No harm in trying, the worst that will happen is you will end up where you are now plus some additional legal fees......just that the timing of all of this is going to make it harder for you to win.

And its unlikely you are going to get that money back that they already got without actually getting it reversed first.

Its not uncommon for a writ to be renewed silently...after all the court case was already won in their favor...the writ is just their collection mechanism.

How did you manage to go so many years without knowing the judgement was levied against you if it was on your credit reports? That will prevent you from getting a car loan...or most credit cards.....Not intending to be mean....these are all things you are likely to hear from them if you win a chance to have it heard in court.

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I appreciate your comments, whether I agree or not. If I was reading my story I would respond the same way, I'm sure. I do not believe in not paying your debts. If you don't pay them, someone will. Which is usually the rest of those who pay in a timely fashion.

This judgment has never, and still does not, come up on my credit report. I haven't a clue why. Maybe the date? It's quite old.

I have a car, a house, credit cards, etc. Never came up so how would I know it was there? I don't go searching myself in public records. LOL.

If I go to court, or could even speak to the attorney of record, and see it is indeed my responsibility, I will make the arrangements to pay it. That's the right thing to do. But I know this, once again, is not mine. It's probably my ex's. I'm so tired of dealing with his shennigans. I've remarried, four years ago, and was ready to start my life again since he completely ruined it. Now this.

If I owe it, I'll pay. But to just up and take my, and my spouses, money without even allowing me my day in court shows me that they know it's not right. It's underhanded. They took the time to find my bank; they could have found me at my place of employment. But I don't believe I owe this, and they know it.

I want it stopped at least until I have my day in court. Then if I owe, I'll pay. Pretty simple really. I've never run from the law or my obligations... and I never will. Just the way my father raised me.

Thanks for your comments. I do appreciate your time.