How Does Default Judgement Work?
Date: Tue, 06/22/2010 - 14:32
Last weekend, I got a summons from a credit card transaction court, summoning me to court within 20 days.
The court where the summons was requested is around 4 hours away (i used to live there). not wanting to appear, I called up the debt collection company and negotiated a settlement. The guy took down my account and routing numbers and told me that he'd be sending paperwork. I would have to sign it and notarize it and send it in.
He assured me that while this process was taking place I wouldn't need to appear in court and that no default judgement would be entered against me.
Does this sound right? Can they "suspend" a summons until I sign and return the paperwork?
Is the court not in your county? You need to respond to the s
Is the court not in your county?
You need to respond to the summons, objected to incorrect venue and the fact that you have set up a payment plan. If you do not respond, they will more than likely sneak a judgement on you.
You can settle with the collection agency outside the court. How
You can settle with the collection agency outside the court. However, as you have received the summons, you need to answer to that. Else, the collection agency can win a default judgment against you.
ok, a couple of follow up questions: 1. if i do answer... can
ok, a couple of follow up questions:
1. if i do answer... can i do that over the phone or by mail? or do i have to appear in person?
2. if they do sneak in a default judgement, does that gaurantee that they will start garnishing my wages, etc? it was a $2000 debt.
thanks!
Quote:1. if i do answer... can i do that over the phone or by ma
Quote:
1. if i do answer... can i do that over the phone or by mail? or do i have to appear in person? |
Quote:
2. if they do sneak in a default judgement, does that gaurantee that they will start garnishing my wages, etc? |
SoapLady is write You can file a "motion to dismiss" for wrong v
SoapLady is write You can file a "motion to dismiss" for wrong venue or in the alternative, file an answer but make it the in the form of an objection. Also disclose to the court your settlement agreement. You must answer in writing, sign and date the paper, send the original to court and a copy to the debt collector. Keep a copy for your records. You must also state that you sent a copy to the debt collector along with the actual date of mailing called "certificate of service" all court documents require this disclosure.
Personally, I wouldn't wait on the collection company. He's going to send you a "stipulation agreement" - make sure you understand it before you sign. And you might also want to add to the stipulation that you want them to mark this account "paid as agreed" on your credit report.
Since you've agreed to settle, they need to immediately notify the court of the settlement agreement. Once you've signed the stipulation, they'll file it with the court. Case over.
In the meantime, stay on top of everything and make sure they do their job.
Sara Goodman
DebtExecutioner