Ask Me Help Desk - Being notified of court date

I just found my banking account was garnished and never received a court date. I now have a final judgement.
After faxing papers to attorneys I find I made an error of not putting in writing to the court but I did speak with their attorney 13 days later upon being served papers to make a settlement and that was the last I heard anything. Three months later I now find my company's banking account is garnished.
No attorney wants the case because they say it is a final judgement. I have 20 days to respond to the garnishment, but I never received a court date, and what is the formality to receiving a court date?
I feel I no right to defending my case, which I had all paper work to help in this matter at the same time I feel I did owe a portion of what they were asking but not what was final judgement. It was wrongful!

Quote:

Originally Posted by Josie247

I just found my banking account was garnished and never received a court date. I now have a final judgement.
After faxing papers to attorneys I find I made an error of not putting in writing to the court but I did speak with their attorney 13 days later upon being served papers to make a settlement and that was the last I heard anything. Three months later I now find my company's banking account is garnished.
No attorney wants the case because they say it is a final judgement. I have 20 days to respond to the garnishment, but I never received a court date, and what is the formality to receiving a court date?
I feel I no right to defending my case, which I had all paper work to help in this matter at the same time I feel I did owe a portion of what they were asking but not what was final judgement. It was wrongful!

Everyone that tries to skip out on a debt feels that way... usually they are wrong. A lot of them even pretend they never got a notice... when they threw it away and forgot about it. And a lot of people do exactly that. Thinking if they don't show up nothing can happen.

You have an uphill battle to disprove everything now because it IS a final judgement.. and now YOU have the burden of proof you wasn't served... and don't owe what hey won... instead of them.

Good luck... you need all you can get... along with a good lawyer.

Quote:

Originally Posted by Josie247

I just found my banking account was garnished and never received a court date. I... but I never received a court date, and what is the formality to receiving a court date?...

When you were served, the summons probaby clearly informed you that you had so many days to file a response (most commonly called an "answer") with the court. You blew that information off, instead talked to the plaintiff's attorney, and never did what the court summons advised you to do.

Where did you ever get the idea that nothing would happen until after you received a "court date"? How it is supposed to work is that, unless you file an answer with the court, they don't bother with a "court date". Instead, you were defaulted, and a default judgment was entered.

The "wrongful" part was you ignoring the Court papers, disrespecting both the Court AND your creditor.

Hard lesson to learn.

Quote:

Originally Posted by Josie247

I find I made an error of not putting in writing to the court but I did speak with their attorney

Right, you were required to respond to the summons and you didn't. Did you think THEIR attorney would help YOU?

Quote:

Originally Posted by Josie247

I feel I no right to defending my case, which I had all paper work to help in this matter at the same time I feel I did owe a portion of what they were asking but not what was final judgement. It was wrongful!

You were given the right to defend your case, you blew it by not responding to the court and not following up. THAT is what is wrongful, not a default judgment that was entered because you neglected to respond.

I tell you this, because you need to adjust your attitude if you are going to get anywhere with this. The fact is you were given the opportunity for due process. So claiming that you weren't will not sit well.

You should keep trying to find an attorney. Basically you have to plead ignorance and throw yourself on the mercy of the court to allow you to present your case.