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Posted: Tue Mar 04, 2008 8:13 am

I assume, Javich, Block & Rathbone represent Arrow Financial Services-who represents a credit card company. This is complicated (to me anyway), but I will try to type this in a way that makes it understandable.

There was an attempt to garnish my wages by Arrow Financial Services (who is collecting for a credit card company) in Nov. 2007. I was unaware there was a default judgment against me, which apparently took place in May, 2007 (my place of residence had changed). Anyway, when I received a call from my employer to tell me they were going to garnish my wages, I called the county clerk and told her my situation. With the help of many people here, I sent a letter and asked the judge for a continuance so I could represent myself. He agreed (The Judge), I went to court, The Judge dismissed the case because "The Plaintiff (Arrow) failed to notify the Defendant (Me) of the impending garnishment as required by law." "Therefore, the garnishment is not proper and the Clerk is hereby ordered to release the garnished funds now being held by the Clerk to the Defendant."

In Dec., 2007, I received a letter from Javich, Block & Rathbone, this letter stated they represent Arrow Financial Services, LLC. The letter stated that "their client has a judgment against me for the amount of $xxxxxx plus court costs & interest, blah blah blah. They want me to call them, and give them my phone number so we can resolve this matter. Ummmm no. Anyway, I immediately sent them a validation letter, and received this response yesterday, basically, this is what their reply was:

My time expired to get validation under the FDCPA, and
they received a judgment against me in May 2007, and they enclosed a copy of the judgment.

I really don't know what to do, is there anything I can do. This is a HUGE amount of money they want from me, I live alone, and can barely make it working two jobs now! I am still recovering from a very serious illness, it's all I can do now to work two jobs. HELP!! Shocked

Posted: Tue Mar 04, 2008 8:18 am

they got the judgement in may?why are they
trying to collect now?i am puzzled,maybe
jcemt,or skydiver will help on this.that
does seem odd they would wait till now to
enforce a judgement.

Posted: Tue Mar 04, 2008 8:21 am

First it was Arrow apparently, now it's this team of Attorney's, collecting for Arrow, who is collecting for a credit card company, I guess! Confused

Posted: Tue Mar 04, 2008 9:24 am

still,if i'm seeing right they got the judgement in may.i am still puzzled as to why they are trying to enforce it now. Confused

Posted: Tue Mar 04, 2008 10:25 am

I would seek to have the judgment vacated due to improper service.

Posted: Tue Mar 04, 2008 10:26 am

Also, if they don't want to validate out of court, make them do it during discovery if they try to actually serve you.

Posted: Tue Mar 04, 2008 11:03 am

JCEMT

Posted: Tue Mar 04, 2008 11:06 am

JCEMT

Posted: Tue Mar 04, 2008 11:19 am

hiya shazzers--

ok, you said you changed addresses around the time that this went to court. Could you provide more detail there? For example, did you live in the jurisdiction where this went to court, when it went to court? Or did you move to a different county, but they still sued you in the previous county? If you can explain that situation better, we can help you sort this out.

OK, now, as for the validation, the attorney actually did provide validation as far as he has right now--he sent you a copy of the judgment against you. At this point, that is validation, because the judgment still stands against you. But, if you genuinely were never notified of the court case, we can try to get that overturned. However, here is what you need to consider--if you get this judgment vacated, they will likely prepare to take you to court again, in your current jurisdiction, and you need to prepare on how to answer their charges.

Get back to me when you can about how this whole judgment happened/when you moved, etc etc, and we will go from there.

Posted: Tue Mar 04, 2008 11:31 am

Hi there Sky, I moved within the same jurisdiction about 3 months prior to the default judgment, I knew nothing about it, was never served any papers to that effect. That's not saying they didn't attempt to serve me at my previous address, but if they did, I had no knowledge of it because my ex was not good at relaying this information back to me!

I'm at a loss for how they came up with the amount they claim I owe, I'm quite sure it's interest, fees, court costs, etc. But I have NO detailed information which explains those costs, to date.

I can't pay this, I have NO money to do so, I've been considering Bankruptcy, but that takes money too, which I don't have. I am stuck between a rock and a hard spot. Confused

Posted: Tue Mar 04, 2008 11:32 am

By the way, we lost our power a little while ago, it seems to be going on and off. I'm sure it's due to the weather.

Posted: Tue Mar 04, 2008 11:43 am

OK, then you need to send a letter to the judge, requesting that the judgment be vacated due to improper service. If you have anything that proves your address change, such as a lease in your new place, include a copy of it with this letter. You need to inform the judge that you were never served a summons and as such you were denied your right to due process.

Something else you may be able to do--go speak with the court clerk's office and see what you can find out about this case. You are looking for any information pertaining to the service of the summons. You are looking to see if someone signed for it, of how they say they provided service. It's possible that you will catch them in a fraudulent attempt, and that will only help your case with the judge now, so I would look there first.

Posted: Tue Mar 04, 2008 12:01 pm

Oh thank you so much for your advice. I will most definitely proceed as you have suggested. In the meantime, should I write another letter to these Attorneys, or let it ride until I have all of this in motion?

Posted: Thu Mar 20, 2008 4:45 pm

Update, I received a response from the Judge today and the judgment was vacated! YAY! Thank you all, and a special thank you to skydivr for guiding me step by step. I have another court date in May, and I will be able to attend this one, meanwhile, I have been asked to respond to the original complaint, except, I never received the original complaint, so, I have no idea what they (Arrow Financial) said. I would assume I should write a letter to the judge asking for a copy of the complaint, so I can respond to it properly. THANKS so much, you guys are the best!!!!!!

Posted: Thu Mar 20, 2008 8:21 pm

Congrats, I'm glad to hear you will have a chance to defend yourself this time. Be sure to request validation during discovery.

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