Maybe this will work, sorry..Palisades & Judement
Date: Sat, 01/12/2008 - 11:08
I found out yesterday, after receiving the default judgment in the mail from my district justice of the peace (didn't know they handled small claims), that palisades had sued me and won the judgment. i am in shock. maybe whoever can help me can type the answer after each question which will help us both sort thru my ??s easier.
1. I was not notified by the court or palisades that there was a court date. Jcemet let me know, “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. “ and jcemt also said this would allow me to defend myself in court. But how would I do that? This is 3 yrs old, since reported to cbureau.
2. If a ca is not allowed to sue you in my state (pretty sure this is correct/texas), how did they do this? And why would the courts allow this to happen? At the top of the judgement it says, “Palisades Collection, L.L.C., Assignee of (credit card comp) vs….†then of course my name.
3. I see through the other threads that they can seize my bank acct(s). how is this done if they do not have that personal info, at least from me? And am I notified by anyone of this if it happens? I have not been in contact or made a payment with the OC in 3 yrs. And never with palisades. Does the oc give palisades my ss #? Is that legal?
4. One sentence in the judgement directed at palisades says, “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.†Does this mean they cannot do anything else but wait for me to pay?
5. But another sentence says “it is accordingly ORDERED that plantiff shall have all writs of execution and other process necessary to enforce this judgement.†What does this mean along with the sentence from the judgement in my question #4 above? It almost sounds like they can do anything to collect but then cannot do anything else other than what is in the judgement. I am sooo confused!
6. With info I supplied from the judgement, in questions 4 & 5 ABOVE, can they file a lien against me too in my county? And how much time do they have to do this? Can they wait till the balance gets really big and then file a lien?
7. Also will ask this again as I have not received an answer yet, when does the SOL begin in texas, does anyone know? I know on this kind of debt there is a 4 yr SOL, but don’t when the clock starts clicking.
Thanks all for bearing with me. I am at my wits end and just have never had any legal action, not even a parking ticket, against me. I never knew there was recourse or this great site for any help. Sorry administrators about the new thread.
Someone will be along shortly that has had some experience in t
Someone will be along shortly that has had some experience in this field. Hang in there:)
ladybug
Maybe this will work, sorry..Palisades & Judement
thanks ladybug so much and apparently i cannot spell judgement in my title lol hope someone can answer all these questions somewhat i know it is tedious but i really appreciate it
There are members on here from the state of Texas and should be
There are members on here from the state of Texas and should be able to assist you further.
ladybug
A writ of execution allows them to go after certain assets you m
A writ of execution allows them to go after certain assets you might have to satisfy the judgment. Texas has a very long list of exemptions from judgment though. Such a long list, that generally, they can only go after a bank account. In Texas as well, they won't be putting liens on anything, unless it is things you owe them money for. Look up Texas' exemptions from judgment online (easily found), the list will surprise you. In your point number 4, it means that they can't try to get more from you than what was detailed in their filing. It is also interesting to note that the judge said it is appealable. Call the court clerk and ask the time limitations. Depending on which court this was, you will only have anywhere from 10 to 30 days possibly to file an appeal if you wish (which I would do if you think the SOL has run). If you can't afford the cost of appeal, ask about the pauper's affidavit.
Maybe this will work, sorry..Palisades & Judement
thanks again law, you are also helping me in another thread...same issues.
i have no assets at all. period. just my house which is what i hope to sell one day if the market ever hardens up and use for my older age, i am in my 50s now. its all i have or go live in a box.
again, how do they find your personal info re: your bank accts? i read on one site that they can hire sleazier people than themselves to find out about any assets you have including bank accts. how is this legal? has our country gone crazy?
i found the the SOL in texas for cc's is 4 yrs. i have asked several times when the clock for the 4 yrs starts but no one seems to know i guess as i havent received an answer yet. and can't find any sites that have the answer. but don't think the sol is going to help me.
what does the pauper affidavit mean/do? how could i even "recover" from this kind of appeal? this debt is about alittle more than 3 yrs old i think...had forgotten about it. and of course with late fees, etc. has more than doubled.
funny i thought that the court judgement said i was to pay the debt, plus court costs (how much is that?) and the interest but no attorneys fees. why no attorneys fees as i thought that would be a given usually. could this possibly mean no attorney was involved? and since you said these guys can just be elected, justice of the peace, that he made a mistake to allow this?
i noticed something else, the purple stamp that says it was filed a certain day, time, etc. has a place for a clerk to sign/initial but was not done/signed.
you know at first i thought this was cheap tactic by the collectors.
thanks for any more help or thoughts.
Lawstudent, you seem to have very intimate knowledge of the judi
Lawstudent, you seem to have very intimate knowledge of the judicial system. Are you still a student as your username implies or are you a attorney?
JCEMT, I haven't taken the exam yet, but will be taking it in Ca
JCEMT, I haven't taken the exam yet, but will be taking it in California and Texas. California has easier rules it seems, law students under the supervision of an attorney can give advice on some matters. Yes, I've been in and out of court more times than O.J. and Britney Spears (only on the other side of the law).
suga: If a Justice Court in Texas issued this judgment, the whole thing could be vacated. If the attorney for the CA filed formal pleadings in that court (which generally isn't allowed either), the JP probably wouldn't understand them. Finding personal information such as bank accounts isn't like that anymore. From the comfort of your office or home, you can log onto various professional services and find a lot, such a LexisNexis. I've heard of many people who lied in bankruptcy being caught by use of these these services as well.
Maybe this will work, sorry..Palisades & Judement
suga: If a Justice Court in Texas issued this judgment, the whole thing could be vacated. If the attorney for the CA filed formal pleadings in that court (which generally isn't allowed either), the JP probably wouldn't understand them
law are you saying that the justice passed a judgement on something 1) he didn't understand and used personal opinion to judge? 2) that they filed in a court that shouldn't have allowed this case?
what then do you suggest? and what do i do-please be descriptive as possible? but then will they, as you stated earlier, try to sue me again in a higher court?
what happens when bank accts are seized? are you notified by anyone at all?? are there no limits as to how much you can owe before just anyone can seize your bank accts? so anyone at all that i owe even $25 to can seize my personal bank acct? how does the process work..i am sure alot of people would be really interested in knowing this.
if i open another bank acct. afterwards can they go after that too? do they keep searching all the time to see if you have one? i can't really find anything on line about this.
thanks