We had a default judgement filed against us in 7/09. We had not answered the complaint because it was served to a former registered agent (she had resigned less than 30 days prior to being served) who did not get us a copy or notify us in a timely manner. We are OTR truckers and were out on the road when she was served for the LLC, she did not call us, she mailed it to us and we were not home to receive it.
Consequently we could not answer it and a default judgement was entered fot $8600. The basis for the initial suit was that there was still a UCC filing on the equipment which we thought had been paid off.
We called the party that held the UCC filing and it took them longer to research their records than it did for the other guy to get the judgement. We were told that there was still $8600 owing on the note. The holder of the UCC filing could not understand why if they had received no payments from us in 6 months they had not done something about it. They reasoned that over the course of the 4 year note there were some payments that may have been skipped and not made up.
We then informed the holder of the UCC filing that this other party had gotten a judgement for the balance owed and we were told that the party who got the judgement had not paid the outstanding balance.
The holder of the UCC filing then demanded payment from the other guy who refused to pay.
They (the guy with the judgement) hinted at fraud in the initial complaint, and we had attempted to contact their attorney prior to judgement but after the time we had to answer. At the time we wanted to settle. We could get no response from them.
So, they got the judgement. We called the party that held the UCC filing and informed them of the judgement.
Since we have not paid the UCC holder they filed a lawsuit against us and this guy who holds the judgement in 10/09. Discussions held with the UCC holder's attorney has this whole lawsuit stopped because the other guy got the judgement against us and he [the lawyer] said we cannot be sued for the same thing twice. The UCC holder is also included in the bankruptcy. To date he is making no noise. I do not think he will.
There is no mention whatsoever of any fraud in the default judgement. Can this AP make a reference to fraud in this proceeding? You can't "re-litigate" a judgement case can you?
I have not officially received my service of this complaint to determine dischargability (I found it on PACER today) so I have 30 days from the date of service to answer this.
We are pro se and I think that this is really all about just being mean and kicking the dog. What should my course of action be? My thought is to answer it and then settle for minimal. We cannot afford an attorney and probably could not get one to jump in now. WE are a non consumer Ch. 7 asset (due to tax refund)
Consequently we could not answer it and a default judgement was entered fot $8600. The basis for the initial suit was that there was still a UCC filing on the equipment which we thought had been paid off.
We called the party that held the UCC filing and it took them longer to research their records than it did for the other guy to get the judgement. We were told that there was still $8600 owing on the note. The holder of the UCC filing could not understand why if they had received no payments from us in 6 months they had not done something about it. They reasoned that over the course of the 4 year note there were some payments that may have been skipped and not made up.
We then informed the holder of the UCC filing that this other party had gotten a judgement for the balance owed and we were told that the party who got the judgement had not paid the outstanding balance.
The holder of the UCC filing then demanded payment from the other guy who refused to pay.
They (the guy with the judgement) hinted at fraud in the initial complaint, and we had attempted to contact their attorney prior to judgement but after the time we had to answer. At the time we wanted to settle. We could get no response from them.
So, they got the judgement. We called the party that held the UCC filing and informed them of the judgement.
Since we have not paid the UCC holder they filed a lawsuit against us and this guy who holds the judgement in 10/09. Discussions held with the UCC holder's attorney has this whole lawsuit stopped because the other guy got the judgement against us and he [the lawyer] said we cannot be sued for the same thing twice. The UCC holder is also included in the bankruptcy. To date he is making no noise. I do not think he will.
There is no mention whatsoever of any fraud in the default judgement. Can this AP make a reference to fraud in this proceeding? You can't "re-litigate" a judgement case can you?
I have not officially received my service of this complaint to determine dischargability (I found it on PACER today) so I have 30 days from the date of service to answer this.
We are pro se and I think that this is really all about just being mean and kicking the dog. What should my course of action be? My thought is to answer it and then settle for minimal. We cannot afford an attorney and probably could not get one to jump in now. WE are a non consumer Ch. 7 asset (due to tax refund)