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dr618 · Sep 12, 2008, 09:17 AM

I have been making timely payments every month now, have not missed a payment
And I received an alert telling me that a judgement was entered in default of
Stipulation. Am I supposed to receive a notice of this? Also, can I do anything?
I have my receipts of money orders and signatures, obviously, they are making
False claims. I am in New York. Thanks in advance

JudyKayTee · Sep 12, 2008, 10:43 AM

Originally Posted by dr618

I have been making timely payments every month now, have not missed a payment
and I received an alert telling me that a judgement was entered in default of
stipulation. Am I supposed to receive a notice of this? Also, can I do anything?
I have my receipts of money orders and signatures, obviously, they are making
false claims. I am in New York. Thanks in advance

You entered into a stipulation that a Judgment would not automatically enter if you made agreed-upon, timely payments? You made the payments as required and the credit entered the Judgment against you? Did you waive your "rights" to notice before the Judgment was filed? That is often the case with a stipulation - the Judgment becomes automatic. Would have to see the wording on the stipulation to know and know the circumstances - were you served and then entered into the stipulation? Was there a hearing and then the stipulation? Was there a decision and then the stipulation?

Do I have that right?

You would have to go to Court, get the Judgment set aside (using your proof) and get an order that the Stipulation is in full effect, continue making the payments as required.

dr618 · Sep 12, 2008, 10:52 AM

Yes. The stipulation says that If I fail to make the required payments, a judgement will be entered and enforced. I was previously served, answered the summons, they won and I entered into a agreement.

I havae made the payments by money order and all of them were signed for. I'm, just wondering if there will be any warning or letter that I will receive telling me this, I only found out because I signed up for an alert on the court's website.

JudyKayTee · Sep 12, 2008, 11:03 AM

Originally Posted by dr618

Yes. The stipulation says that If I fail to make the required payments, a judgement will be entered and enforced. I was previously served, answered the summons, they won and I entered into a agreement.

I havae made the payments by money order and all of them were signed for. I'm, just wondering if there will be any warning or letter that I will receive telling me this, I only found out because I signed up for an alert on the court's website.

They are under no obligation to tell you in advance. They already have a Judgment and they'll simply move on it.

What do you think the creditor is doing? Enforcing the Judgment?

What kind of alert on the Court's website?

dr618 · Sep 12, 2008, 11:42 AM

I don't know. The alert told me the status for my case is I defaulted in stipulation. That is not true at all and I have receipts to prove it. Why would they even do that knowing that they signed for every payment they received from me. All my payments were sent on time and I never missed one.

ScottGem · Sep 12, 2008, 11:54 AM

I would go to the court and file a motion for a stay of any action. Request a hearing where you can prove you have complied with the stipulation.

dr618 · Sep 12, 2008, 12:42 PM

Thanks Scott, I will. Would you happen to know if in the meantime, Am I supposed to receive any notice from the court about this?

ScottGem · Sep 12, 2008, 06:36 PM

Probably not. They already have the judgement, they can execute it at any time.

Fr_Chuck · Sep 12, 2008, 07:16 PM

The issue here, if you were never late, and never defaulted in a payment why would they take you to court. If you were in default and made an written agreement they would have to abide by that agreement, if you were in default and never made an agreement with them but was just sending them a check they can file a judgement against you. Now you were suppose to be served. The advice on that is solid

dr618 · Sep 12, 2008, 07:43 PM

Yes, this was a written agreement signed by me and by the attorney. We agreed on this when I went to court after I answered my summons. I am so upset and cannot believe that would say I defaulted when I have been paying accordingly.

JudyKayTee · Sep 13, 2008, 06:31 AM

Originally Posted by dr618

Yes, this was a written agreement signed by me and by the attorney. We agreed on this when I went to court after I answered my summons. I am so upset and cannot believe that would say I defaulted when I have been paying accordingly.

Have you called and asked the Attorney what is going on?

(I am still interested in where the Court records are on line.)

dr618 · Sep 13, 2008, 07:39 AM

I have called the attorney's office twice and I left messages, all I get is the answering machine.

Judy, you can access NY Civil court records online at the New York Courts website: eCourts

I had signed up for the tracking service so I can be notified of any updates.

JudyKayTee · Sep 13, 2008, 08:12 AM

Originally Posted by dr618

I have called the attorney's office twice and I left messages, all I get is the answering machine.

Judy, you can access NY Civil court records online at the New York Courts website: eCourts

I had signed up for the tracking service so I can be notified of any updates.

Right, I'm aware of that website - it's not active throughout the State. I thought perhaps there was a new site I'm not aware of.

It's always an interesting site and I find it "unusual" that matrimonials are listed. I have a friend who actually looked up her never married boyfriend and discovered he had been divorced - twice!

dr618 · Sep 13, 2008, 09:19 AM

Yeah, I signed up to have any update delievered to me regarding my case, and to my surprise, they are claiming I defaulted. I have heard nightmare stories about this law firm already, I really don't know how they can make false statements when I proof to back it up.

JudyKayTee · Sep 13, 2008, 09:21 AM

Originally Posted by dr618

Yeah, I signed up to have any update delievered to me regarding my case, and to my surprise, they are claiming I defaulted. I have heard nightmare stories about this law firm already, I really don't know how they can make false statements when I proof to back it up.

Well, you won't know where they're coming from until you ask them or the Court. When you do, please let us know.

dr618 · Sep 14, 2008, 08:35 PM

I forgot to ask, since I paid with postal money orders, I have the tear off slips, so do I need to get a money order trace too for each payment I made?

JudyKayTee · Sep 15, 2008, 05:00 AM

Originally Posted by dr618

I forgot to ask, since I paid with postal money orders, I have the tear off slips, so do I need to get a money order trace too for each payment I made?

If they are going to argue they signed for empty envelopes or the money orders were in the wrong amount, yes, I'd get proof that the MO were cashed/deposited - by them.