I have a problem with Javich, Block & Rathbone
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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.
First it was Arrow apparently, now it's this team of Attorney's,
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! :?
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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. :?
I would seek to have the judgment vacated due to improper servic
I would seek to have the judgment vacated due to improper service.
Also, if arrow financial services don't want to validate out of
Also, if arrow financial services don't want to validate out of court, make them do it during discovery if they try to actually serve you.
JCEMT Quote:I would seek to have the judgment vacated due to im
JCEMT
Quote:
I would seek to have the judgment vacated due to improper service. |
How do I do this? Do I send a letter to the Judge who made this default judgement, do I send copies to both parties? Sorry but I have no clue how to proceed. :?
JCEMT Quote:Also, if they don't want to validate out of court,
JCEMT
Quote:
Also, if they don't want to validate out of court, make them do it during discovery if they try to actually serve you. |
Are they correct when they say they don't have to validate this debt because I am past the time frame required by law? What exactly is discovery? In the meantime, how should I respond to the recent correspondence I received from these Attorney's telling me they don't have to validate now?
hiya shazzers-- ok, you said you changed addresses around the
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.
Hi there Sky, I moved within the same jurisdiction about 3 month
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. :?
By the way, we lost our power a little while ago, it seems to be
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.
OK, then you need to send a letter to the judge, requesting that
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.
Oh thank you so much for your advice. I will most definitely pro
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?
Update, I received a response from the Judge today and the judgm
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!!!!!!
Congrats, I'm glad to hear you will have a chance to defend your
Congrats, I'm glad to hear you will have a chance to defend yourself this time. Be sure to request validation during discovery.
When you say 'discovery' do you mean in my response to the compl
When you say 'discovery' do you mean in my response to the complaint? When I write my response to the court and to the plaintiff, should I also ask for validation?
In my county there is a pretrial conference where you can reques
In my county there is a pretrial conference where you can request discovery items, yet you still have to "serve" them upon the plaintiff. It's strange, I know. Not sure how your county does it, rules of civil procedure change from county to county and state, to state.
shaz--you have PM Yes, I would inform the judge that due to t
shaz--you have PM
Yes, I would inform the judge that due to the circumstances of the case, you dont have the original complaint. They should be able to tell you how to proceed, or make it so that you get a copy. Remember, especially since you dispute the amount they are claiming, you need to question everything Arrow does pretty much at this point. You need to make them prove their case. If they cannot, you need to make motion to dismiss with prejudice, because they need to be able to prove their accusation against you in order to have the legal right to collect on it.