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A judgement letter, what to do ? Need help.

Date: Sat, 03/06/2010 - 20:02

Submitted by Nasim1267573302
on Sat, 03/06/2010 - 20:02

Posts: 17 Credits: [Donate]

Total Replies: 10


My wife has several cedit cards in default (currently unemployed). She paid some of them while many are past due and charged off. We received a letter from an attorney office saying a judgement was awarded against her for Discover Card. We absolutely have no idea about the judgement, neither we received any warrant of debt from law ofiice by mail or other means. The letter shows the law office in Richmond County, VA where we live in Price William County. We do not know which county they get the judgement from. Letter also says unless you dispute the judgement or debt within 30 days, this office will assume the debt is valid. Why 30 days thing if there is a judgement? What should we do next. Need help. Please respond ASAP. Thanks...


first step is to contact the court clerk's office in Richmond county and look to see if there was an actual judgment or even a court case filed against your wife at all. If there was one, you will need to file an order to show cause with that court, requesting that they vacate the judgment due to improper service and improper venue. They can only sue you in the county you live in, they cannot just pick any place and file suit there--thats what improper venue is. It just means they filed the case in a court that doesnt have jurisdiction over you because you do not live in that county. Improper service would be because they never served a summons in the case, which is illegal.

If you check and you find no case was ever filed in Richmond County, then check your own county. It is possible that the attorney's office is located in one county, whereas they have the legal ability to practice law in your whole state. Check the court clerk's offices and get back to us, let us know if you find any actual case or not. We can go from there....


lrhall41

Submitted by skydivr7673 on Sat, 03/06/2010 - 22:11

( Posts: 2036 | Credits: )


Thank you so much for the quick reply. This letter brought too much stress on us. While we will be searching with the court about the judgement, should we reply to the letter that the law office sent disputing it's validity ??


lrhall41

Submitted by Nasim1267573302 on Sun, 03/07/2010 - 06:23

( Posts: 17 | Credits: )


Agreed--if you contact them, they will only hound you for payment and generally harass you. At this point from what you posted, they have either fraudulently obtained a judgment against you, or they are lying about getting a judgment against you....and either way, they are not to be trusted. Check with the courts and get back to us and we can help you determine the next step to take.


lrhall41

Submitted by skydivr7673 on Sun, 03/07/2010 - 10:46

( Posts: 2036 | Credits: )


Dear Friends, I checked our County General District Court Civil Division (Prince William)and clerk said NO JUDGEMENT WAS AWARDED AGAINST MY WIFE as of today, and nothing was filed by Discover Card as per Law firm's letter. I also checked with the county clerk of civil division (Virginia Beach County), the county that showed Attorney Office in the letter. No judgement is there either. Lawyers letter showed that licenced to practice in NC and VA. It really surprised me if it is a lie by the law firm. Do they usually do that ?? Also one thing, we moved twice during the last 1 year but within the same county. Our County clerk said something pending filed by Providence LLC. We do not know who that it. She has several credit card default. May be it is one of them. We did not ask any details since we did not receive any summon, may be delivered to the old address we moved from. What should we do ?? Please advise for the both case. Thank you so much.


lrhall41

Submitted by Nasim1267573302 on Mon, 03/08/2010 - 13:16

( Posts: 17 | Credits: )


I have a similiar case that happen to me. Could someone help me to which type of forms I can use to file a contesting of a levy on my personal accout for $9,300 on Mar 1, 2010. I am on a limited time and I called the court and they would not help me but direct my to the Better Business Bureau. This judgement was for a business that I signed for a credit card and was never paid. The business was a corporation but they sued me and file a judgement against me and levy my accounts. I am very upset about it. The money in my account was my brother for an IRS refund that I was to give to him. It so happen that the automatic came and the levy came so they took the money. What can I do...help..anyone outthere...thanks


lrhall41

Submitted by on Mon, 03/08/2010 - 14:30

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