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Need help with my stipulation

Date: Thu, 09/11/2008 - 08:52

Submitted by anonymous
on Thu, 09/11/2008 - 08:52

Posts: 202330 Credits: [Donate]

Total Replies: 13


Thanks in advI have been paying now for 3 months per my stipulation. I just received an update from the court that says I defaulted. I have been sending my payments on time and I have receipts to prove it. How do I correct this? Do I call up the court or do I contact the prople who I'm paying.ance


I don't know if I'm going to be notified of this since I found out about it through an online alert. Also, I live in New York, what can they take from me, I don't work a full-time job, other than freelance from home which don't pay much, and I don't own anything.

I don't know how they can say I defaulted on this agreement, don't they think that someone can keep receipts, I had them sign for it each time a payment was mailed


lrhall41

Submitted by on Fri, 09/12/2008 - 06:31

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A neighboring state has contacted me saying I owe over $800 in unpaid red-light tickets and parking violations from 1999-2004. Last year, they sent me a letter saying I owed about $170 and I wrote back 7 days later saying I disputed that and any other debt claim and requested the collections agency and/or their client (the state) send me proof of these supposed tickets. There was no response.

The statue of limitations is 3 years in both my state and the neighboring. I have worked hard to rebuild my credit and am currently debt-free with the exception of the home I just purchased and I'd like to keep it that way!

What are my options in fighting this? I know I paid any tickets I would have ever had but honestly...back to 1999, I know I didn't keep receipts. What is the quickest and easiest way to have this taken care of? BTW...it's not on my credit report yet.

Thanks for any help!!


lrhall41

Submitted by on Fri, 09/12/2008 - 10:09

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I am going to go to the court and file an order to show cause, I never received any notice of this decision, and don't know if I'm supposed to. What happens now? Since they have the judgement already and they are claming I defaulted on our agreement, will whatever money I have in the back just disappear, will a shefiff pay me a visit? I don't know what they do here in NY


lrhall41

Submitted by on Fri, 09/12/2008 - 20:47

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ok, the first thing is not to panic--you clearly have documentation that you have paid as ordered, so there should be no problem. All you will need to do is file the motion to show cause, which basically means you are asking the plaintiff in the case to provide proof to the court that they have a legitimate reason to say you have defaulted--youre asking the plaintiff to come forward and state that you have not paid them as per the judgment. Let them respond--and keep your receipts handy because that is your ticket to getting this cleared up. Then, if they reply back that you have not paid as agreed, then you provide copies of the receipts to the court and to the plaintiff and prove to them that you have paid as you are supposed to.

There is a form, at least in NYC there is, that's called an affidavit to support order to show cause. It is primarily used when youre trying to get a default judgment vacated, but looking at the form it may apply to your case here. Ask the court clerk for the appropriate form, and if there is one in your county they can help you get it. Then, just fill it out and file it. In Kings County, you are usually required to bring the completed order to the judge yourself, while in other counties the court staff usually does it for you. You then wait for the judge to review it and sign off on it if it is acceptable, which I cannot see why yours wouldnt be. Then, you must serve a copy of it on the plaintiff's attorney. There will be a court date set, and you will have a chance to speak with plaintiff's attorney about the order. If they agree with your order, then they must show cause to the court for their claim that you are in default on the stipulated agreement. If they dont agree then you will have to present your case in front of the judge. Again, I am not an attorney, but I really dont see how they wouldnt agree, since you have receipts and everything. And even if they didnt agree, I dont see a judge ruling in their favor when you have proof of your payments to them.


lrhall41

Submitted by skydivr7673 on Sat, 09/13/2008 - 12:29

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Thank you. I have a few more questions. I paid every time with a postal money order, I have the tear off stubs from them along with proof of signature, is that enough? Or do I have to get a money order trace from the post office for each payment I made? If I do, that could take awhile.
The copies that I do have are the payment stubs, signature proof, and everytime I sent them a payment I enclosed a note saying that this is the payment for this month.

Also, since they have said that I basically didn't pay, or paid late, will I start to notice my back account disappearing? Like I said, I didn't get a notice from the court, maybe because my alert told me the minute it happened.

And, should I wait to get the notice or just go down to the court anyway?


lrhall41

Submitted by on Sat, 09/13/2008 - 23:20

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They aren't? I sent them Express Mail, I have copies of the signature of the person who signed it. I called them to find out what payment they are claiming I didn't send, but they are not calling me back. Do I have to order a trace for every money order I made?


lrhall41

Submitted by on Tue, 09/16/2008 - 06:22

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I need to know, how to find any stipulation occurred in my bank accounts. Because, I cleared loan amount to one private finance company. Also, I applied another loan amount in another private finance company. But, they rejected my request since your stipulation was not cleared. Please let me know what to do next.


lrhall41

Submitted by on Mon, 02/28/2011 - 00:07

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