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glu2706 · Apr 25, 2009, 06:07 AM

In aug/08 I rec'd an Income execution order based on a default judgement obtained against me in jan/06, I was never served regarding this matter I surely would have answered, anyway I began paying the sheriffs office voluntarily to avoid a garnishment, wich in my case I would be moved to the top of the layoff list at work (unofficially) The entire time to date I don't recognize the debt or know if it's mine, I recently filed and was awarded a show cause order from dist. court based on lack of jourisdiction, My question is If I learn that this is in fact an old valid debt , what should I do from here? Should I still serve the order? Is there a chance to make a payment arrangement in return for them allowing the order to vacate judgement stand? What happens if they don't respond to the show cause order? I understand that by paying I have somewhat legitimized the claim, at the time I couldn't afford an atty and recently found out I could have filed the papers myself, Any help would be greatly appreciated! Thank you very much!

ScottGem · Apr 25, 2009, 06:33 AM

Well the first thing is to try to Vacate on the grounds of improper service. That will get you a new hearing where they have to prove the debt is yours.

Once that is resolved you can see about recovering what you paid.

glu2706 · Apr 25, 2009, 09:52 AM

Thanks, I will do that , I' m thinking it could be an old debt if so the judgement is for more than double the original amt and I was not served, process server is under investigation for many fraudulent services, amount is just a few dollars under the max allowed by this court

Fr_Chuck · Apr 25, 2009, 10:56 AM

Of course first you need to find out how it was served to be sure it was "improperly" served.

ScottGem · Apr 25, 2009, 02:01 PM

Its not unusual for a debt to grow to more than double when it gets to litigation due to interest and fees.

bigchuck · Apr 29, 2009, 05:29 PM

I sense your frustration... in that I was served with a Summary Judgment where the Plaintiffs were granted a $25,000 Judgment against me... WOW... Won't bore you woth details... but I knew of the law suit... and my attorney was handling... I was fully prepared to defend their suit. The problem occurred when my atty dropped the ball and never showed for the Summary Judgment Hearing and did not tell me there was one... or I certainly would have been there. I live in RI just for reference.

Then a few days later I was served with an execution... you know what that means... taking assets etc etc..

I will skip the part of how my atty who was practicing 33 years is nor disbarred for misappropriation of funds etc etc...

I hired another atty... more money... and we filed a motion to vacate the summary judgment... As it turned out the $25,000 was settled in another way... not impt here... and I was still left with $9,000 of atty fees that they were after me for.

The judge was considering vacating the judgment which would mean we would then have an oppty to actually argue the original case and the other side would be a ground zero... However it would also mean that I would be looking at more litigation expenses with my new atty...

The Judge in conference with both attys... mine and theirs... offered a suggestion to the opposing atty who wanted his $9,000.00. She told him that as a compromise if he was to sharpen his pencil and reduce his $9,000 Claim for atty fees... and if the other side would agree to the reduced amount... ( me ).. that she would not vacate the judgment and let the case settle for that amount.

He reduced it to $5,000.00 ( still I wanted it to go away ) but after some deep thinking we negotiated that I could pay it at $100.00 per month at 6% Simple Interest... beginning in November this year...

When I thought about it... what I did was remove the greater possibility of more legal costs and also the chance of losing on top of it... So sometimes one must make these tough decisions that may not be ideal... but is a way of cutting ones losses or potential greater losses...

So as to your case... it sounds like there is a Proof Of Service in the file ( you should go to Court Clerk.. if you have not already... and just ask to see the entire file... and copy it all... and in particular look for that proof of service... as it sounds like that is the key to your problem... and what started this entire problem... somewhat similar to mine... meaning that yo never knew of the Summary Judgment Hearing and hence was defaulted.

I do not know the deails of your case... but I wonder if it was a Collection Agency who "bought this old debt' for pennies on the dollar... and then took steps to collect whatever amount they can.

There are many many cases where they thought you were the one and pursued action... and you were not the one with the debt... or in some cases actually did not truly serve you but whoever did or tried to serve you... and maybe was not able to find you... still handed in the proof of service indicating they did... Sounds strange I know... but I have also seen that happen.

It is like when you go to buy a house and apply for a mortgage... and people suddenly learn of supposedly past debts in their credit report they never even heard of...

I know this may not give you your exact answer... but hopefully may help you to go about finding out just what happened... and then a little at a time deciding what action may be appropriate for you in this particular situation.

glu2706 · Apr 30, 2009, 02:56 PM

Thanks for your answer, I am going to court to return the sco affidavit next week, I'm also going to ask to view the file, I didn't know I was entitled to that ,Thanks for your help !

bigchuck · Apr 30, 2009, 06:00 PM

You know many people do not know that... ALL records are Public Records... Anybody ( even people who are not involved) are entitled to review case files... Just by asking the clerk... You are also allowed to make copies.

If you have the time... it is always good to review the file yourself.