Recently received a Judgement against me...
Date: Fri, 03/13/2009 - 12:16
I currently reside in NC, and the Judgement is in a different county than what I live in now. At this point is there anything I can do? Honestly, I shouldn't have let it get this far the whole ordeal has been completely terrifying.
They sent my a letter with the attached judgement (almost a month and a half after it was filed) stating that they "may cause an execution order to be issued directing the sheriff to seize and sell any non-exempt assets". Does that mean they can come an take whatever they please? I don't have any assets aside from my clothing, I live with my fiance and everything we have is his. Can they pull my bank records to determine if I have purchased anything of value?
I apologize for the somewhat frantic ramblings, this is all just very scary...
You have to be sued in the county you reside. File a Motion to
You have to be sued in the county you reside. File a Motion to Vacate due to improper venue. Where you ever served?
Also search Section 1c on this page: http://www.ncleg.net/gas
Also search Section 1c on this page:
http://www.ncleg.net/gascripts/Statutes/Statutes.asp
I called the Clerk of Courts about an hour ago, and she said tha
I called the Clerk of Courts about an hour ago, and she said that it was "closed" and that she didn't think I could do that.
I was served. Unfortunately with my current health situation, and being unemployed, I was unable to attend. I didn't send any notice or try to extend it, which I see was extremely stupid now.
But again, you were sued in a county in which you did not reside
But again, you were sued in a county in which you did not reside. You might want to consult with a NACA attorney in your area:
www.naca.net
I appreciate all of your information, It's been very helpful.
I appreciate all of your information, It's been very helpful.
Just an FYI (Something I recently did) - I just went to my state
Just an FYI (Something I recently did) - I just went to my states court website and found under "Forms" the motion to vacate default judgement form, filled it out and turned it in to the clerk. (I typed mine so it was neat and made it as brief as possible)
After your advice I took a peek at the NC Courts website and unf
After your advice I took a peek at the NC Courts website and unfortunately they do not have a form listed on the website.
When I called up the Clerk of Courts earlier, I ended up talking to about 3 people who seemed to have no idea what I was talking about. I also contacted 3 attorneys from the NACA website. Only one has responded so far, refusing to take on my case based on location. Most of those firms seem to be located in the Raleigh/Durham area, and I am located around Greensboro.
Do you have an Employee Assistance Program at your employer? Yo
Do you have an Employee Assistance Program at your employer? You might be able to get some free or inexpensive legal advice from there. You can do it yourself but you'll need to do some hard work studying and understanding Rules of Civil Procedure to make sure your MTD is in the correct format acceptable to the court.
At the moment I am unemployed because of a spine injury, so unfo
At the moment I am unemployed because of a spine injury, so unfortunately that wouldn't be an option. I tried calling Legal Aid in my area, ended up staying on hold for an hour until the system disconnected me.
My main concern is if they try to seize property. How do they decide what can be seized? I live with my fiance, and everything is pretty much his. I'm just worried that they may take items that do not belong to me. I am hoping it won't go that far though..
Quote:You have to be sued in the county you reside. File a Motio
Quote:
You have to be sued in the county you reside. File a Motion to Vacate due to improper venue. Where you ever served? |
That statemement may or may not be true, it depends on state law.
If a CA was suing, yes the FDCPA requires that action be filed in the debtors jurisdiction.
As to an OC suing, like I said, it is up to state law as to what jurisdiction a suit has to be filed in.
For example, in IL, a case can be filed in the jursidiction where the transaction took place. Which means, if the customer came into my office and signed for a loan, then we sue them in our county, regardless of where they live.
Also, improper jurisdiction is not an absolute defense/grounds for dismissal. If the defendent doesn't agree with the jurisdiction, then they can usually file a motion for change of venue. Since the defendent here was served, and failed to request change of venue prior to a judgment being entered, the judge might not grant your motion to vacate.
So what you're saying is, my husband can have a judgement that w
So what you're saying is, my husband can have a judgement that was filed 2 yrs ago vacated because the CA filed it in a different county then we reside in? (Illinois)
I need to correct my response above as I just re-read the FDCPA.
I need to correct my response above as I just re-read the FDCPA. FDCPA doesn't specifically require that action be filed in the debtor's home county. It CAN be filed where the transaction took place as well:
To babyboxergirl - it seems if they filed the case where your husband incurred the debt (OC's county), then that is okay. However, the CA could not file it in their county (unless they are in the same county as the OC).