Recent Application for Judgment

[blueeyz]

I am so close to filing. Just as soon as I find out next week if I can do chapter 7 but in the meantime, my domestic partner was served a Summons on my behalf in October. A week or so ago I received in the mail a Notice of Dismissal dismissing the John Doe matter BUT applying for default judgment against me to be entered on Nov. 29. I sent this to the paralegal handling my case and she said we need to file soon which is the plan anyway. I was never personally served so can the court really enter a judgment if I was not officially served?

Also, the same law firm for the CC company that is suing me sent me a letter after the Summons saying that they still wanted to work out payment arrangements. WTF? Either they want to sue me or work out payment arrangements.

[dumpinmydebt]

So I assume you did not reply to the summons, which is why they are requesting a default judgment. The only thing I can say is file asap, even if that means just filing the petition and adding the schedules later. It requires a little more work to get a judgment removed.

[tcreegan]

Hi blueeyz,

the same law firm for the CC company that is suing me sent me a letter after the Summons saying that they still wanted to work out payment arrangements. WTF? Either they want to sue me or work out payment arrangements.

This actually makes sense, they threaten you with a judgement and then see if they can get cash out of you instead. A lot of people are scared to death of a court summons/going to court so they cough up some cash....which is what they really want. If you don't cough up cash, they get the judgement as a fallback plan.

I was never personally served so can the court really enter a judgment if I was not officially served?

naw, AZ process rules allows 'by leaving copies thereof at that individual's dwelling house or usual place of abode with some person of suitable age and discretion'

Since the default judgement is happening Monday, most likely they get it. But still not a big deal, you file BK, then file a motion to vacate the judgement.

Of course hindsight is 20/20, but it is never a good idea to ignore court documents arriving at your door....

Hope the rest of your filing is going according to plan!!

Tom in Colo

[blueeyz]

Thanks for the info. Yep, the plan is to get the petition filed next week as soon as I know which chapter I can file. So as soon as my petition is filed they cannot garnish my wages, correct? Or does something other than filing the BK petition need to be done to stop garnishment?

[tcreegan]

Hi again blueeyz,

Yup, once you file they cannot garnish, levy bank accts, any sort of collection activity must cease.

If the creditor and their lawyer are on the creditors matrix they get served w/ the BK notice, you don't have to bother w/ them.

One thing to do: if they haven't gotten the default judgement, file the BK notice in the court where they sued you. Ask for the case to be dismissed.

If they did get the judgement, wait for your discharge papers, file them w/ a motion to vacate/set aside in the court that entered the judgement.

You have some time, don't be in too much of a panic, after getting the judgement they have to go through another set of hoops b4 they can garnish, usually they have to serve you w/ a notice and give you X days to respond. Get the BK filing right, don't rush it.

Tom in Colo

[blueeyz]

Thanks again Tom for answering my questions. That's good to know that I do not need to panic too much. After I got served with the Summons last month my attorney told me not to panic too but of course I am panicking a little. lol. I'm sure all will be fine. It will just be a relief once petition has been filed.

[tcreegan]

It will just be a relief once petition has been filed. ....big sigh....start breathing in the 'fresh start'....ahhhh...