what do i do now?
Date: Sat, 01/12/2008 - 01:01
I received today a cause/judgement from my Justice of the Peace in my district/county (Texas)of a claim filed by the, as the paper work put it, "Plaintiff that appeared through attorney of record." this was filed by Palisades Collection, LLC.
It also says next, "Defendant(s), although duly cited, failed to file an answer within the time allowed by law."
1st, did Palisades get an "attorneys" office to file this claim, as in my district the law states, "an attorney representing any of the above may file suits on the behalf of the above in the Justice Court. Also, an action in Small Claims Court may NOT be brought by an assigned claim; or collection agency.
So did Palisades get around the above statute re: who can file this claim?
2nd, I did not know they were going to file a claim with my court. I received nothing from the court, except this document today stating the Default Judgement. To pay the bill (yes I lost my business 4 yrs back and had to default on some credit cards of which this is one--this is the only one handled by Palisades and the only one to "take" me to court!!), original balance was $485, now they have it up to $1107 and the court says they can accrue 7.25% annually in addition.
The judgement also states, "All relief not expressly granted herein is denied, as this judgement is appealable and finally disposes of all parties and all claims in this cause of action." What does the last sentence mean in my case?
And can they file a lien on my house? As it also states, "It is acordingly ORDERED that Plaintiff shall hae all writs of execution and other process necessary to enforce this judgement."
The SOL in my state is 4 yrs but I am unclear when the time limit actually starts here?
Sorry so long winded, etc. but this seems soooo ridiculous for a $485 credit card debt.
Thanks for any help!
If you were not served with the initial complaint/summons then y
If you were not served with the initial complaint/summons then you can speak to the judge overseeing the case and request that the judge vacate judgment due to dysfunctional service.
what do i do now?
so who was supposed to advise me that a claim was being filed? should it have come by certified mail or just regular?
anyone have any answers to the rest of my queries in my post?
thanks
Well, procedures of service vary from state to state. Sometimes
Well, procedures of service vary from state to state. Sometimes it requires they be delivered by law enforcement, or a process server. Some require they be sent by certified mail, and sometimes they can be sent via USPS ground. Either way, if you have not received the complaint/summons then you should ask the judgment be vacated so you may actually be able to defend yourself in court.
Sometimes mistakes are made when people are not served properly
Sometimes mistakes are made when people are not served properly but more often than not when it comes to junk debt buyers and some of the sleezy attorneys they hire to represent them (this is a growing trend I am noticing) they either send the summons to a old address/address the person has never lived at or even sit on it to get a default judgment. They do this when they know that they have no hope of winning with opposing council in their way.
what do i do now?
hi i just tried and thought i did successfully, two new replies (questions of course) in my original post but they are not showing up at all. is there a problem now? thanks
what do i do now?
in response to reading your answers and also reading another post in this particular forum i posted, clicked the post reply button after typing in what i wanted, two other posts under this paticualr topic I(mine) and neither of them have posted at all.
Hmm, that is strange. You may want to contact site administratio
Hmm, that is strange. You may want to contact site administration. That would be either Mike or Vikas.
No problem, hopefully Mike or Vikas will be able to help you out
No problem, hopefully Mike or Vikas will be able to help you out if this problem persists.
Indeed a suit can't be brought by a collector in a JP's court.
Indeed a suit can't be brought by a collector in a JP's court. Usually even the opinions of these courts, if written at all, aren't done so in the way you posted here. Because 9 times out of 10, those judges have never laid eyes on a law school. They are just someone "big in the community" who got elected. Also, though a lawyer can appear in Jusice Court, it is generally a place with no formal pleadings such as you have posted. If indeed this is the case, I certainly would appeal, on te grounds of improper venue. But remember, if this came from the JP court, you might only have 10 days to appeal.
I might add as well, that, no, they can't put a lien on your hou
I might add as well, that, no, they can't put a lien on your house or car in Texas for unsecured debt. If you miss the time limitations to appeal, you could also file a motion for a new trial, if you were served by publication and missed the original court date. If granted, then I'd file a motion to transfer citing improper venue. If the judgment was vacated, they would just sue you again in District Court. As long as they are licensed by your state, any lawyer could file a claim. Probably some guy from not too far away that the collector hired.
what do i do now?
thanks law the house being exempt i think i had found that out by reading today, diff sites/info but wasn't sure but sure makes me feel better. as this is the only old age "pension" i have going is the sale of my house and i am in my 50s now.
but do they hire people to find out about bank accts and is my bank acct/info not safe and secure? how do they do this. i have no other assets..don't even own a car and no anything. just the house. but i do have a few bank accts as mentioned which never holds much money of course but don't want something to happen if i am waiting for a bill payment to hit my bank acct...espcecially the one that i pay my house payment out of. what do you suggest?
and indeed this judgement came from justice court. and i quoted exactly as it was typed. it does not tell me how many days i have to appeal,etc. though. i have another thread that i made things alittle clearer as i was having trouble with this one but apparently ok now but the other one you have responded to also.
so if i appeal, and remember i also got no notice of this from anyone by mail or in person, and use the improper venue that means what happened exactly...what would improper venue mean in my case? sorry just want to be clear.
and if it is granted then i would have to go through this again but just in a higher court?
thanks
In Texas you are exempt not only your home, but 100 acres per in
In Texas you are exempt not only your home, but 100 acres per individual, your car, furniture, clothes, two guns, wages, most pensions, and the list goes on. If I were you, I'd be thinking up some alternative sort of banking. Don't have any direct deposits going there. For proper service, it would have had to have been delivered by the sheriff's office, a constable, or someone appoved by the court. They make at least three efforts at serving. After that the attorney for the plantiff can request a "service by publication", in which the summons is published in the legal section of the newspaper, and you're served.
what do i do now?
no i have no direct deposits.
and no one came to my home ever as i am home everyday.
so do they have any limits whatsoever in my state at freezing/seizing bank accts?? please list them for me as i can't find anything on the web about it.
why is it allowed that anyone, other than government agencies can seize your personal bank accts?
also..i wanted to make sure i knew exactly what this/these sentence(s) means in the judgement, just as it was typed:
1. "IT IS ACCORDINGLY ORDERED THAT PLAINTIFF SHALL HAVE ALL WRITS OF EXECUTION AND OTHER PROCESS NECESSARY TO ENFORCE THIS JUDGMENT."
2. "ALL RELIEF NOT EXPRESSLY GRANTED HEREIN IS DENIED, AS THIS JUDGMENT IS APPEALABLE AND FINALLY DISPOSES OF ALL PARTIES AND ALL CLAIMS IN THIS CAUSE OF ACTION."
I mentioned before in one of these threads that when i first received this thing, that i thought it might be a fluke.
the court clerk did not initial the stamp when filed. isn't that necessary?
the stamp by the judges name is just a regular black inked stamp, not very official looking, but does say "justice claims court".
i guess just wishful thinking.