Judgement I never Knew About - What do I do now?
Date: Wed, 12/03/2008 - 16:47
I received a letter from Bronson & Migliaccio, LLP stating that a judgment had been obtained against me in case vs. Cach, LLC. Thanks to this site I was able to find out if the docket was valid - it is.
My fear now is that the next step is they will start to garnish my wages - I am in a bad way as it is, but I need to make sure that does not happen or I would literally be homeless.
I had no idea there was this outstanding thing going on and now I am so confused and scared about what to do next. I can't afford a lawyer at all. I am barely getting by.
The letter indicates that the above creditor recently obtained a judgment against me and the judgment is valid for 20 years and interest will accrue at a rate of 9% per year. They are requesting payments be sent to them or they will enforce the judgment against me.
At this point I am past the point of asking for a debt verification, right? This has now be entered in the court system and it's status is 'disposed' which means it's been decided and finished with if I understand correctly. At this point I am assuming I need to appeal somehow - but the thought of that is so completely out of my realm of understanding that I'm hyperventilating just thinking about it.
Is there some letter I can send or form I can fill out to have the courts know I was unaware of this proceeding? That I had no idea this was even happening? This is in the City of New York Kings County. I would like to be able to go down in person and take care of this but I suspect that me being naive and not knowing where to go or what to do will just get me nowhere.
I really just feel helpless and scared right now.
You should have received summons. But as you didn't get it and a
You should have received summons. But as you didn't get it and a judgment for garnishment has been passed so you can appeal before the court against the garnishment ruling.
Contact the court and get a copy of the method of service....the
Contact the court and get a copy of the method of service....then you need to file to have it vacated due to improper services..the court should be able to tell you how to do that. Once you get it vacated, immediately send them a DV letter, CMRR.
i agree with goldenbase, its not too late to ask for the judgmen
i agree with goldenbase, its not too late to ask for the judgment to be vacated. Even if they have a default judgment, you can still go back and reopen the judgment based on improper service.
I went down to Civil Court today and took a look at the records,
I went down to Civil Court today and took a look at the records, it was for a Providian account I did hold at one time. A couple of years ago I fell into debt and I have foolishly just swept it all under the table because I can't pay any of it. I tried and I got about halfway through when I lost my job.
As irresponsible as it is, I just want this to go away. I know it has been brought up to an exorbitant amount based on fees and interest, etc. But once the debt left the credit card company I couldn't justify paying some third party leech that paid pennies on the dollar for my debt. I've only heard nightmares about people who paid these companies only to have it never go away because of astronomical fees and interest that they could never keep up with.
I can't afford to pay this debt as embarrassing as that is. I now have a court date for 12/18 but I don't even know what to say. I can't lie now that I know what the bill is for but I don't think my original amount owed to the credit company was even half of that. Has anyone been to court and known what to say and gotten a favorable decision or response?
I was told to simply bring the "Order to Show Cause" to vacate the judgment on 12/18. I have to mail it to the Plaintiff and have proof that I sent it with me on that date as well. I'm assuming they're just going to give me another court date at that point.
Should I send the lawyers a DV letter even though I know I did indeed hold this card? Maybe they won't be able to prove it? I have no records of my own and I can't remember how much was owed on that card but regardless, I'm not able to pay it. Will they garnish my wages even if I won't be bale to pay my rent? I have notices from utilities that I am behind, would that help or hurt my cause?
When a court date rolls around, I have no idea what to do at that point.
This is so overwhelming. I appreciate all the help. I'm embarrassed by my situation but I can't have them garnish my wages when it's all I have.