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randajo · Feb 1, 2010, 11:45 AM

I never received any documents or anything regarding the case or dates to appear. The judgement is in my maiden name and with an address that I have not had for years. More than 10 years to be exact. The company is one that buys old debts. I tried to get info from them about what the debt is but they refused me any info and only pumped me for info instead. How do I request a new hearing or have this judgement overturned. I have no idea what I am paying for. They made the case a civil case instead of a small claims so getting information has been a complete runaround.

this8384 · Feb 1, 2010, 01:03 PM

Originally Posted by randajo

I never received any documents or anything regarding the case or dates to appear. The judgement is in my maiden name and with an address that I have not had for years. More than 10 years to be exact. The company is one that buys old debts. I tried to get info from them about what the debt is but they refused me any info and only pumped me for info instead. How do I request a new hearing or have this judgement overturned. I have no idea what I am paying for. They made the case a civil case instead of a small claims so getting information has been a complete runaround.

If it is a civil case, that is because the dollar amount is higher than small claims court allows.

How long ago was the judgment granted? What state is this in? When was the last date that you sent any type of payment for the original debt?

randajo · Feb 2, 2010, 11:48 AM

The judgment was granted in May of 09. They began garnishing my wages in Dec 09 (which was the first time I ever heard of the debt) I still don't have any knowledge of it and don't believe that it is mine) It is a California case, but is only for 2k and our small claims is 5k.

this8384 · Feb 2, 2010, 12:56 PM

Originally Posted by randajo

The judgment was granted in May of 09. They began garnishing my wages in Dec 09 (which was the first time I ever heard of the debt) I still don't have any knowledge of it and don't believe that it is mine) It is a california case, but is only for 2k and our small claims is 5k.

You can try to have the case dismissed on grounds of improper service; inform the courts that you were never served any paperwork for this case.

As for the small claims vs. civil - I don't know that it will have an effect on anything. Honestly, I'm surprised it was able to make it all the way to a default judgment without someone catching that... doesn't make sense.

randajo · Feb 3, 2010, 10:51 AM

Thanks for the advice. I will be filing a Notic of Motion and Motion to Set Aside Default and Default Judgment.

AK lawyer · Feb 3, 2010, 11:13 AM

Originally Posted by randajo

... I tried to get info from them about what the debt is but they refused me any info and only pumped me for info instead. ... They made the case a civil case instead of a small claims so getting information has been a complete runaround.

Don't try to get information from the judgment creditor. Contact the clerk of court and request a copy of the court file (There will be a copying fee probably.) or, if you are reasonably close to the courthouse, go in and look at the file yourself.

Originally Posted by this8384

...
As for the small claims vs. civil - I don't know that it will have an effect on anything. Honestly, I'm surprised it was able to make it all the way to a default judgment without someone catching that....doesn't make sense.

A plaintiff is not required to file a case as a small claim; that's simply a convenience for pro-se litigants.

this8384 · Feb 3, 2010, 11:17 AM

Originally Posted by AK lawyer

Don't try to get information from the judgment creditor. Contact the clerk of court and request a copy of the court file (There will be a copying fee probably.) or, if you are reasonably close to the courthouse, go in and look at the file yourself.

A plaintiff is not required to file a case as a small claim; that's simply a convenience for pro-se litigants.

In my state, anything under $5,000 is a small claims suit. Anything over $5,000 is a civil suit. Whether you are pro se has no bearing.

JudyKayTee · Feb 3, 2010, 02:50 PM

Originally Posted by AK lawyer

Don't try to get information from the judgment creditor. Contact the clerk of court and request a copy of the court file (There will be a copying fee probably.) or, if you are reasonably close to the courthouse, go in and look at the file yourself.

A plaintiff is not required to file a case as a small claim; that's simply a convenience for pro-se litigants.

In NY the dollar amount prevails - the Clerk will not take a filing in a Superior Court if the amount is less than the Small Claims ceiling. I have seen personal injury cases in small amounts filed in Small Claims because the Clerk would not take the filing.