Got my first judgment

[ssdsco]

[StartingOver08]

Yes. Report them. Object to the service. If they aren't reported, they just keep getting these default judgments with "sewer service".

[treehugger1]

In addition, it might be possible to file a motion to vacate the judgment. I don't know how you would go about this, but I would think that there should be little cost on your part. I have heard that there are a few judges in some states who will overlook "proper service" if the outcome would be the same under trial. Still, improper service resulted in lack of due process.

You might even try contacting the judge (Dear Honorable Judge, etc) and explain the situation.

Let us know how this goes for you.

[AngelinaCatHub]

Treehugger is correct. I got a default Judgment also when my hearing was posted on the same day. I wrote the Judge directly and she saw the error and reversed the decision. You may swear out an affidavit that you did not get served and no one at your house was, and if they were, you want proof. Some private servers go in two's so that one can witness. If that is so, insist that they give proof. Perjury is a felony. You have a good chance at reversing this. 'Hub

[treehugger1]

Always keep in mind that most judges are human. Most judges are part of your community and will work to protect the community. I know this sounds a bit "sappy," but in general it is the truth.

If you choose to file a letter, motion, etc, take the time to look up your state and local rules of civil procedure for proper service and site the code numbers. Anything you can do to help the court or judge should work in your favor. Get a copy of the document signed by the process server and include it as an attachment.

If you are working and have wages, ask for any court administrator or copies of any attorney signed writs and have them reversed. Send a copy of the judge's decision to your employer immediately. You may want to have this served on the employer. If you have no wages, then this is a moot point.

Again. let us know how this plays out. TH

[Trixie007]

That's terrible! This whole thing is scary enough without these kind of tactics! Do you know if they already have what they need to garnish or sieze bank accounts? I've read that is a separate process...

[fltoo]

I followed your scenario because you and I were in the same boat, the two year wait due to the "innocent" fraudulent transfer. Who knew at the time?

I have been researching vacating my judgment, I got one immediately from Chase, and came upon many sites that tell you exactly how to vacate a judgment if served improperly.

Google, "vacating a judgment in Florida" Tons of stuff out there.

[ssdsco]

Thanks for the feedback. I appreciate it. I'll follow up on your suggestions.

I have no earned income. Everything I have is exempt from judgment except an ATV worth a few thousand. I'd probably lose that in BK anyway.

Thanks again !

[ssdsco]

Thanks BB2.

I wonder how many people this happens to and they never check out how they were served or even know they got "sewer service" instead of being legally served.

[treehugger1]

BB, Are you sure the word "deny" is the correct word? And, shouldn't it read, "Now comes the defendant...?" Just checking.

"NOW COMES the Plaintiff, Pro Se and prays this Honorable Court to Deny the Defendant's Motion to Dismiss and Motion for Sanction for the following reasons:"

[hnhlvr]

Is your money truely safe in your wife's account? I would keep the bare minimum in that account to be on the safe side.

[ssdsco]

Is your money truely safe in your wife's account? I would keep the bare minimum in that account to be on the safe side.

What is your concern ? The debt and judgement are in my name only.

I don't think she has a boyfriend she's going to run off with. She's pretty hot though.

[albacore44]

What is your concern ? The debt and judgement are in my name only.

I don't think she has a boyfriend she's going to run off with. She's pretty hot though.

good one. Who was the origimal creditor on the debt ??

[ssdsco]

Who was the origimal creditor on the debt ??

One of the largest national bank/credit card companies for $40k+.

[ssdsco]

Update - I found out I have some time to file the motion so I'm waiting until my BK attorney returns from vacation next week before I do anything.