Clerk's Judgement

[mattdesa]

Hi Everyone,

I just scrolled across this site (which is great btw and I am hoping that some one here might have a little bit of advice for me.

Today (2/20/09) I get a letter from Los Angeles Superior Court that one of my cc collectors is seeking a Clerk's Judgement against me for $11,297.16 with a hearing scheduled for 2/24/09 at 8:30 AM. I recently moved to Arizona From LA as I just could not afford it there anymore. This paperwork states that is is called a Case Management Conference.

In addition, I am trying to save up the nearly $1500 bucks to hire a Bankruptcy Attorney and file CH. 7.

My questions are :

Since I basically know they are going to get the judgement against since I cant appear on the 24th, I am wandering will they be able to garnish my wages in Arizona even though the case is filed on California?

Is there anything I should tell the court since I know I have no way of appearing on 2/24/09?

How long after they get this judgement do I have before they will start trying to collect against me? (Wandering this because if it is immediately I am going to sell everything I can to file bk ch. 7 immediately and not wait till 3/9/09 when I get paid next.)

Will they be able to garnish independent contractor payments I receive from a company based in CA for work I do in Arizona?

Thanks for all of your help and if you have any questions please let me know.

-Matt

[mattdesa]

Thanks for the advice, Bigboy2U. It was a normal mail USPS letter that came. It was forwarded via USPS from an address I haven't lived at in over a year or more. They have no knowledge of the contract payments and my only bank accounts are in Arizona. My guess, is they're going to get the judgement and I will file Ch. 7 ASAP and hopefully get the debt discharged.

[CompTweaker]

Sorry for the misinformation posted, but if it goes to default judgement, you dont make a motion to dismiss with prejudice......you have to VACATE the judgement.

Here, mattdesa, maybe this will help:

http://www.courtinfo.ca.gov/programs/equalaccess/documents/blankn.o.m.6months.pdf

but since you are filing bk pretty soon, you will probably beat them on trying to collect on the judgement.

[dr618]

The court won't listen to anything, I 've been there. If you don't show up you will get a default judgment.
I dont' know what to tell you about how fast they can collect. I have had them collect from me even before I had a judgment, anyway, that's a whole other story.

As far as independant contractor payments, I get paid the same way, and it is very hard for them to take that,meaning they can't serve a wage garnishment on them, if you deposit your checke into a bank, then yes, they can get them. If you can cash them at a check cashing place, you are ok. The whole thing now until you file is to use and like cash. I did that, I didn't close my bank account, but I used cash. Good luck to you and let us know what happens

[mattdesa]

Hey guys, thanks for all the advice!

The lawyer representing the plaintiff did not show in court today. Therefore, they rescheduled the date to 6 mmonths from now. Hopefully I can figure out how to file these papers. If anyone can tell me how exactly to do it I would be soo appreciative.

Thanks,

Matt

[CompTweaker]

Sorry it was to read ....I WOULDN'T wait for it....

Sorry I forgot the n't after would...

And Mr. BackTracker, lol, are you serious? You left off the "nt"? You have got to be kidding me. Its obvious that once again, I corrected you, and you still cant admit when you're wrong. Nice try though
Doesnt really matter to me what your excuse is as long as the correction was made that "motion to vacate judgement" is the issue at hand to be dealt with first, which was the main purpose of my post.

[CompTweaker]

In most courts you file a MOTION to vacate

Thank you for further confirming my point in post #5.

Have a nice day