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alyd51 · Mar 25, 2009, 01:20 PM

I received a summons for civil judgement in the amount of $1877. In Knox Co Tn. An a/c contractor filed a mechanics lien last summer and now has filed for a judgement. I lost 40% of my income last year and live on SS Disability of $1100. Mo. I co-own my home[with son in law]-but property values have dropped, and my equity has been reduced to about $6000, The property is currently worth about $190,000. I have no cash on hand, no more investments and my vehicle is a 1996 ford explorer.
Should I attend the hearing? Should I call the atty hired by the company prior to the court date? Can they seize my home or freeze my bank account? I have no money for an attorney. Any advice, or knowledge on this would be much appreciated. Thanks.

this8384 · Mar 26, 2009, 02:05 PM

Yes, you absolutely need to attend the hearing. If you don't, a default judgment will be entered against you and the contractor can then freeze your accounts and/or file a lien against your personal property.

Have you made any type of payments to the contractor whatsoever? Have you kept in contact with them regarding your financial situation? Some companies will be willing to let you make payments; however, if they don't know what's going on they may just opt to sue you.

ScottGem · Mar 26, 2009, 02:27 PM

You should never ignore a summons, nor let a default judgement be entered. Even if you know there is no chance of winning the judgement. You still want to put up a token resisitance.

Since they already have a mechancis lien there is no point in putting another lien on the property. Nor can they force a sale of your house.

They can attach your bank accounts, but the only amounts deposited are SSD, you can inform the bank of that fact and they should be able to ignore any attachment of the account.

So you are basically what's called judgement proof. The contractor will need to wait until the house is sold and stand in line with other lienholders.

this8384 · Mar 26, 2009, 02:33 PM

*smacks forehead* You're right Scott; I completely forgot that she said the mechanic's lien was for an A/C contractor - clearly work done on the house :)

alyd51 · Mar 26, 2009, 09:24 PM

Thank you for the response. It is a relief to know they can't take my home. It has been a devastating year, and it's all I have left-minus my equity. Lol.
I had kept in contact with the owner of the A/C Co. but he became so angry with me, he cut off contact and entered a mechanic's lien, then the summons came.
I had a contractor disappear to Texas on me, project unfinished. That co-incided with my loss of income. I am grateful for what I still have. Many not so lucky.
I took the bull by the horns and called the Co.'s attorney. I explained the situation to him, offered to make payments. He is not sure the client will accept this, but delayed court for two weeks, and will pitch it to his client. Not sure if it was the smart approach to take, but I choose to live straight up, and it is a valid debt. Will let you know the out come. Thanks again.