Chase Bank lawyers entered a default judgment AFTER Discharge
Okay y'all, first and foremost, my boyfriend's bankruptcy that was still awaiting close, has been closed - the Report of No Distribution was filed on the 31st of Jan and we just received the order closing same. However, now we have another issue to deal with.
Chase bank's debt was listed and they never perfected service on my boyfriend; however, being the losers that some of these process servers are, when they served the original petition initially, they served my boyfriend's dad (who is a Senior), so they share the same name. It's pretty obviously one is not the other, but they served his dad back a year ago just before my boyfriend filed bankruptcy, and they received notice of same, but still filed the Citation of service as "if" he was served, by leaving the petition on his father's front door step. His father stated "I'm his father, you need to serve him, you have the wrong person" - and they said "we're still leaving it". That, in my book being in the legal field for 23 years, is not "service" - but the court scheduled 3 separate DWOPs (dismissals for want of prosecution) over the course of 3 months while the bankruptcy was pending, and when it was "dismissed", the attorney for Chase filed a motion to reinstate, affidavits of perfecting service (on his dad) and, a default judgment was entered on 9/20/10 - the discharge of his case was 7/12/10. The problem is now, his father went to get a loan and they have IMPECCABLE CREDIT, and was denied. The credit bureau said that it's under his name and SS#. The father -
Our problem is, I want to call this lawyer and unleash on him, but that will do me no good. We talked to my boyfriend's bankruptcy lawyer, but he's not the sharpest tool in the shed, much less, he doesn't have any (excuse me), balls!!!!
I'm at a loss right now, but may talk to my boss about handling this -
Has this happened to anyone? Maybe the lawyers on this board can tell me what we should do. I'm literally pissed right now that they did this.
Chase bank's debt was listed and they never perfected service on my boyfriend; however, being the losers that some of these process servers are, when they served the original petition initially, they served my boyfriend's dad (who is a Senior), so they share the same name. It's pretty obviously one is not the other, but they served his dad back a year ago just before my boyfriend filed bankruptcy, and they received notice of same, but still filed the Citation of service as "if" he was served, by leaving the petition on his father's front door step. His father stated "I'm his father, you need to serve him, you have the wrong person" - and they said "we're still leaving it". That, in my book being in the legal field for 23 years, is not "service" - but the court scheduled 3 separate DWOPs (dismissals for want of prosecution) over the course of 3 months while the bankruptcy was pending, and when it was "dismissed", the attorney for Chase filed a motion to reinstate, affidavits of perfecting service (on his dad) and, a default judgment was entered on 9/20/10 - the discharge of his case was 7/12/10. The problem is now, his father went to get a loan and they have IMPECCABLE CREDIT, and was denied. The credit bureau said that it's under his name and SS#. The father -
Our problem is, I want to call this lawyer and unleash on him, but that will do me no good. We talked to my boyfriend's bankruptcy lawyer, but he's not the sharpest tool in the shed, much less, he doesn't have any (excuse me), balls!!!!
I'm at a loss right now, but may talk to my boss about handling this -
Has this happened to anyone? Maybe the lawyers on this board can tell me what we should do. I'm literally pissed right now that they did this.
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