Amex Default Judgment

[lwh1961]

AMEX has gotten a default judgment for a credit card that I had.

My question is what is next in regards to putting a lien on my house, or levying my bank accounts. I have a business account as well. Will that be safe?

Thanks

[HHM]

You have already described the next steps. It is simply a matter if they know where you bank.

The business account should be safe as presumably it was opened using the EIN number of your business and not your SSN.

[jwmc1]

start pulling cash out...is the business account a corporate account or is it under your SSN?

[lwh1961]

The account is my deceased fathers business account. I don't believe it's tied to my ssn in anyway. I spoke to my attorney. She said that they must send a Claim of Exemption form before they can take anything.

[GWBcasualty]

The account is my deceased fathers business account. I don't believe it's tied to my ssn in anyway. I spoke to my attorney. She said that they must send a Claim of Exemption form before they can take anything.

Are you monitoring your case??
Some courts have online access that allows you to daily see your register of actions.

If they just entered the "request for default judgment", you have some time to take care of your bank accounts.

You can also file a "motion to vacate judgment", but that may be just a waste of time depending on your situation.

After that the default judgment will be entered by Court or by Clerk (depending on case/amount/court rules) and depending on your district it could be a few days, weeks or even months before the "writ of execution" is issued.

[ando]

How would one know if one gets a default judgment?, I just subscribed to pacer how can I find out ?. I simply clicked on query and typed my 1st and last name and nothing showed up, is that all I have to do?

[GWBcasualty]

How would one know if one gets a default judgment?, I just subscribed to pacer how can I find out ?. I simply clicked on query and typed my 1st and last name and nothing showed up, is that all I have to do?

You need to search your case in your State Court.

(ie: Superior Court of California - Los Angeles)

PACER searches Federal Courts, District Courts and BK Courts.

[ando]

what is the difference between the 2 courts ? is it by amount of money!!!and can I use pacer to check my state court? or pacer is just for Federal courts?

[GWBcasualty]

what is the difference between the 2 courts ? is it by amount of money!!!and can I use pacer to check my state court? or pacer is just for Federal courts?

Difference? It's where the case has been filed.

No. Pacer will not search your Superior Court of <state>

[onthebrink]

lwh,

Sorry to hear about this. How long were you late? Did Amex send your account to Zwicker?

Thanks

[catleg]

Any bank account from which you ever made a payment to Amex is in their database and you can assume they will eventually try to get it by attachment.
You are exempt from wage garnishment from an NC court.
How much money is this judgment for? Amex doesn't usually sue for small potatoes, at least not in my personal experience.

ando: pacer is strictly Federal, requires $75,000 minimum, or diversity of jurisdiction issue, or matter of federal law (e.g. FDCPA). Almost all contract disputes are in state court.

[lwh1961]

lwh,

Sorry to hear about this. How long were you late? Did Amex send your account to Zwicker?

Thanks

It's Dominion Law Associates

[lwh1961]

Any bank account from which you ever made a payment to Amex is in their database and you can assume they will eventually try to get it by attachment.
You are exempt from wage garnishment from an NC court.
How much money is this judgment for? Amex doesn't usually sue for small potatoes, at least not in my personal experience.

ando: pacer is strictly Federal, requires $75,000 minimum, or diversity of jurisdiction issue, or matter of federal law (e.g. FDCPA). Almost all contract disputes are in state court.

The only thing I am really worried about is them coming after cash in one of my checking accounts. I'm going to file CH7 soon. It's for 13.5k. I was served by the sheriff shortly after the 90 day mark.

[onthebrink]

It's Dominion Law Associates

Thanks. How many months before they sued? I'm four months behind on two Amex accounts (total $37K) and they have sent both accounts to Zwicker. We got a letter from Zwicker to contact their non-attorney agent but wondering how quickly they might threaten or actually file suit.

[junker]

within about 2 weeks of getting a judgment against me, they filed a abstract lien on my house...