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    ravellan75's Avatar
    ravellan75 Posts: 1, Reputation: 1
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    #1

    Jan 4, 2007, 09:10 AM
    Subpeonas and Judgments
    Hello, I am a 27 year old NEW mother. I was just informed that I was served at my parents address last month to appear in court for a mediation for a judgment. I obviously didn't attend since I did not get the paper work in time and was unaware of the mediaiton. Nothing was signed by my parents as having them received on a specific date, in the court house, the document did not show any "received signatures". I have another judgment on my file which I was FORCEd to sign without being able to go up to a judge. The Opposing Counsel informed me to sign or they were going to garnish my wages at that time. I signed the document , but I wastn even working at the time and he knew that. This is all catching up to me since I messed up back at the age of 21. I don't kow what to do. I was advised to file a motion in the court and try to see a judge to plea why I didn't make it, but I barely started working again, I'm still in school and a new mother, Fairly new at the marriage thing as well. Can someone please advise as to what I can do regarding both of my judgments. I am looking for information as to statue of limitations on these credit cards as well.

    Thank you
    Frustrated:(
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member
     
    #2

    Jan 4, 2007, 09:39 AM
    What state do you live?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Jan 4, 2007, 10:01 AM
    I'm confused. You weren't working at the time yet you succumbed to a threat that they were going to garnish your non-existant wages so you signed a paper that effectively gave up your right to due process. Girl, you messed up! Did you really think OPPOSING counsel was going to tell you the truth? Now its possible, they still would have gotten the judgement in court, but you just handed it to them on a silver platter!

    Second, are your parents mad at you? If they were served with a summons, why did they wait so long to tell you? Now you have to go to the court and explain the summons was not forwarded to you and petition to vacate the judgement and ask for a new hearing. Of course you might not want to bother with this if you know the debt is valid and they will win the case anyway.

    So you next option depends on your current status. Do you have any assets they can attach? You say you are a new mother but don't say if your married. If you are and have any bank accounts or other assets held JOINTLY with your husband, those can be attached. If you have no assets and no earned income, then there is nothing to pay. You might consider a bankruptcy. If you do have income, then contact the creditors and try and arrange a payment plan you can live with.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jan 4, 2007, 10:46 AM
    And of course there is an option of bankruptcy, if you have been out of work due to medial issues. And you did not mention what type of debts, often if the debts are too large and the chances of ever paying them back too small there is little choice. This is normally my last choice but it is a choice.

    And never believe their attorneys, they lie, as do collection agencies.
    Next sign or agree or even acknowledge anything unless you know fully what you are doing.

    You can file a motion to stay the judgement because you were not served properly, there would be a hearing to see if the service meet your states legal requirements.

    But if you owe them the money and they can prove it, and you have not offered a payment plan that is worth while, they can get a judgement and they can really garnish your wages once they have a judgement on file

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