Check out some similar questions!

poormama · Dec 2, 2010, 12:17 PM

I just looked up my case and under the title is says Breach Contract (limited juristiction).
What does this mean?

excon · Dec 2, 2010, 12:57 PM

Hello mamma:

It means you had a contract, and you broke it.

excon

poormama · Dec 26, 2010, 01:35 PM

Not true.. never had a contract with these people... ever!!

ScottGem · Dec 26, 2010, 01:46 PM

First, please do not use the Comments feature for follow-up. Use the answer options instead.

Second, ANY question on law needs to include your general locale as laws vary by area.

Finally, it might help to know the context. What is your case about? But Breach of Contract means that someone is saying someone broke a contract.

Fr_Chuck · Dec 26, 2010, 02:01 PM

You have a "case" so someone is claiming you had a contract, it may have been verbal, or written, they are saying you did not fulfill the terms of some agreement.

So if you did not have a contract and did not break it, why is there a case ?

poormama · Dec 29, 2010, 11:22 PM

Thank you merry gentlemen,
I have California judgement(2002)against me for ca $12000 for a credit card I never had. I did not know about it till 2006 when my job was garnished. I have consulted a lawyer who said for $3500 he could make a deal to lower the debt. However I do not have that kind of money nor do I feel I should pay for debt that is not mine. When I looked at the case file online it said for breach of contract etc, but how can that be when I never had one, written or verbal with these people. It is a very big collection agency who on their website claims to be a billion dollar company specializing debt collection. How can I fight something like that??

adthern · Dec 29, 2010, 11:42 PM

First, understand that the credit card company says you had a contract, the whole point of an action in court is to determine who is correct.

That said, if you have a judgment, then there was an action and you lost, either because the court didn't find in your favor or you didn't show up. Either way, you lost.

Likely, the only way you will make this go away now is by paying off the debt, since this is now 8 years old or even since you found out about it 4 years ago.

You might consider finding a new lawyer or come up with the 3500 or look until you find a lawyer that will take a long term fee (100/wk for 35 weeks?) or save 3500 and then go to the lawyer and have it reduced.

poormama · Dec 30, 2010, 12:25 AM

Hi,
Credit card companies has nothing to do with this judgement.. in fact there are no records anywhere of this socalled debt beside the judgement. Not on my cedit report, and not by the creditcard company who supposedly had it in the first place. No where... but then again the debt is supposedly from 1996 . And I lost because I was never given a chance to defend myself. I guess I just have to start researching debt law and doing the best I can do get the judgement vacated or dismissed. Being that you just finished law school.. how much do you think I can do myself??

poormama · Dec 30, 2010, 12:52 AM

Sorry y'all. I got a bit ahead of myself. What I was really asking - what does limited jurisdiction mean? Wikipedia is a bit wishy washy.. this is going to be harder than I thought.

ScottGem · Dec 30, 2010, 04:44 AM

I don't really understand how you can say that "credit card companies have nothing to with this judgment" when you earlier said that the judgment is for a credit card. Look we get it that this was probably a case of mistaken identity, but the facts are that a suit was entered against YOU and the plaintiff won.

Forget what limited jurisdiction means. It's a moot point and really doesn't help you. Here is what you need to do. First is file a motion with the court to vacate the judgment on the grounds of improper service. However, given the length of time that has passed this may not work. Fortunately you are in CA which is a more consumer friendly state. It will also matter what court the suit was processed in. At $12K it was probably not small claims.

Hopefully you can get the judgment vacated and the garnishment suspended. But you will be properly served before you leave the courthouse. If that happens, the next step is to file a motion for disclosure to get verification of the debt. The plaintiff will now have to prove that you agreed to open this card and incurred this debt.

If you can't get the judgment vacated, then you will NEED an attorney to fight this.