[motosx]

Keep in mind, I've never had anything served to me or been to court for anything other than a minor traffic violation years ago.

On Nov. 15, 2010, I received a Civil Summons from a Sheriff at my door. She told me what it was. I asked her what this was about. She replied "All the information is in the summons. I just need your signature here." I signed, she left.

I look it over and its from FIA Card services (Bank of America) filing a complaint about owing them 12k. Before my separation with my wife, she and I started paying a dept consolidation attorney "Brauer Law Offices" in Arizona about $850 a month to eliminate some debt. After 5 months of paying and during that time, my wife and I separating, Brauer had done nothing, so we fired them. Well, guess who is listed on the copy of the CC billing information, Brauer Law below my name.

Now, FIA , BOFA served me. No where on 8 pieces of paper is a date to appear. In fact it states on the first page
+Quote:

A Civil Action Has Been Commenced Against You!

You are notified to appear and answer the complaint of the plaintiff as follows:

1: (in short) Serve a copy of your answer to the complaint to plaintiff or their attorney with-in 30 days after being served.
2: File the original of the written answer with the Clerk of Superior Court of the county named above. (Mecklenburg)

If you fail to answer the complaint, the plaintiff will apply to the court for the relief of demands in the complaint.
+End Quote

No where does is tell me where to appear? I wanted to go to court and face them and explain my case. In addition, The Exhibit A states that there is no interest included in what they say I owe. There is about 2 grand in interest and fees. Next thing I know, I get a standard letter in the mail by the Attorney that repersents FIA stating,
"The court determined that our cliend is owed money. To recover the amount owed, we may cause an execution order to be issued directing the Sheriff to seize and sell any non-exempt assets. To avoid any further legal action, please contact a representative immediately to make arrangements to satisfy this obligation."

I've defaulted by not appearing? Where? When?

Anytime I ever got a ticket by a cop, the date to appear to appeal was stated in writing clear as day.

What am I going to do now? This doesn't seem right.

Does the Sheriff just show up with a truck and just take things out of the blue? Can they come in my home or shop without me being here, pick the locks and start loading up? I work from home during the day as a sole proprietor restoring vintage vehicles. My shop is full of tools and parts, and customers property. If they take those, I'll have to close and be sued by my customers too?

Thoughts or suggestions... please be nice. I'm stressed enough as it is.

Thanks in advance.

[Fr_Chuck]

The notice was for you to file a answer to this, when you did ot file an answer, they merely asked for a default judgement.

The letter stated you had 30 days to appear OR RESPOND, That is legal wording for you were to reply in writing about you intent to fight this or to have a court hearing.

Thus the reason if you did not understand it, you need to get an attorney. You were legally served, merely not knowing what to do with the letter you were served with is not a defense.

1. the person doing the service does not know or is not to give legal advice, they merely serve it.
2. you knew what court it was, and the address of their attorney, you could have replied to them
3.you had 30 days to hire an attorney

So yes, they now have a judgement, so they may file a garnishment on your pay check, or they may just freeze your bank account and take all the money in it. That is normally first

[ScottGem]

You dropped the ball. You had until 12/15 to file an answer with the Superior Court. The summons you received was just the first step. When you filed your answer you would have THEN been notified of a court date. You didn't file so they plaintiff applied for and received a default judgment.

They can seize any property that you own. They do not need to give you any further notification.

I would suggest you get an attorney to see if you can do anything about this now.

Next time, do not ignore a summons.

[motosx]

Ok. Hmm... I guess that would explain why the summons was marked District Court and the Judgment was stamped Superior.

Is there any exemptions of assets? Tools of trade? Anything list I can view?

Thank you.