Court Date changed - without me being informed?
Date: Thu, 02/07/2008 - 20:08
What should I do, I didn't get a chance to argue my side...the credit card company charged me off, yet failed to send me billing statements for five months. They sent me to a debt collector (claiming to have the account) after two months. I just missed those two month payments. Anyway - after missing those two months, the billing statements stopped. Then after five more months - I was charged off (didn't know this until later). I was busy "doing the right thing" with the debt collector (who didn't do their job).
Anyway after they charged me off - I was sent to another debt collector...
So, what should I do? The court date and all...
I'm maybe not understanding you here........ Did they get a defa
I'm maybe not understanding you here........ Did they get a default judgement against you because of the date change?
Yes, the court gave me a default judgment because I wasn't there
Yes, the court gave me a default judgment because I wasn't there. I received the letter and I was mad as you know what...I called the court's office and I was told that the date had been changed. I had absolutely no idea. I received the letter a few days or about a week later after the court date (the new date).
So, what should I do? The date I was given was in January. The new court date was in December. I had no idea at all.
In your place, I think I'd move to have the judgement vacated du
In your place, I think I'd move to have the judgement vacated due to defective service. Part of the idea of servicve of process is to make you aware of the date, so you can show up to defend yourself. Changing the date on the sly would seem to me to invalidate that.
Hang on, someone with more experience will probably stumble over this thread in short order.
Vacate judgment due to improper service. They probably requested
Vacate judgment due to improper service. They probably requested the date change or filed a continuance. Either way just speak to the judge who oversaw the case and see what can be done. If the judge isn't willing to help then get a attorney.
This has happened to me also, anonymous. I sent a letter to the
This has happened to me also, anonymous. I sent a letter to the Judge and explained that I was not informed of the date change and felt that my rights were violated, I included in the letter that I was not afforded the opportunity to defend myself. JCEMT is correct, ask them to vacate the judgement and ask for a continuance, it worked for me. Hopefully the judge that presided will be as understanding for you so that you don't have to pursue the matter with an Attorney.
hey, in the above, did you just write a letter to the judge, or
hey, in the above, did you just write a letter to the judge, or have to use some specific legal forms/etc. i'm in the same boat. i was improperly served. i had a telephone conference with judge and plaintiff attorney, they agreed they used the wrong address, but i only got a continuance on the "debtor interview" meeting. i want a motion to dismiss the original defaeult judgement, and amount which i was never given due process to defend against. is it just a regular letter or something specific. i already called a attorney and they basically said it would cost 5,000 bucks just to draft the letter an retainer (more then the judgement).