WW&R / Capital One
Date: Wed, 09/01/2010 - 12:30
I received a letter (it was mailed to where I work) it was sent from Weltman, Weinberg & Reis, of Cincinnati, Ohio. (I live in Indiana) Here is what it says....
Verified Motion for Proceedings Supplemental
Comes now the plaintiff states:
1. The Plaintiff owns the judgement obtained in this court against the judgment defendant, and the unpaid balance of the judgement as of August 18, 2010 is $1937.31
2. Plaintiff has no cause to believe that levy of execution against the Judgment Defendant will satisfy the judgment.
3. Plaintiff believes that the judgment defendant may have non-exempt property or earnings, and that the Garnishee-defendant, if any, may have non-exempt property or earnings of the judgment defendant.
Wherefore, plaintiff prays that the judgment defendant be ordered to appear before the court to answer as to his or her non-exempt property or earnings, subject to execution; that the garnishee defendant, if any, be ordered to answer interrorgatories concerning non-exempt property or earnings, due or to become due, to the judgment defendant and return the same to the court; and that the court, after receiving the answered interrogatories from the garnishee defendant, if any, issue an appropriate order to apply said property or earnings towards the judgment.
Verification/Certificate of Service
Plaintiff's undersigned attorney affirms, under the penalties for perjury, that the facts set forth in the foregoing verified motion are true to the best of his or her knowledge and belif.
The undersigned hereby further certifies that a copy of the foregoing motion has been served upon the judgment defendant by first class U.S. mail, postage prepaid, this 36 day of August 2010.
It then has Weltman, Weinberg & Reis' contact information. And Thomas R. Kendall (Attorney for Plaintiff) Signature
Order to appear on plaintiff's motion for proceedings supplemental
Comes now the court and grants plaintiff's verified motion for proceedings supplemental. Is therefore ordered that the judgment defendant appear before this court, which is located at _______ on October 4, 2010 at 10:00 am to answer as to the judgment defendant's non-exempt property or earnings subject to execution.
It then has a place for the judge's signature, but is not signed.
This is the first thing I have received from this company, I wasn't aware they had taken over the dept. I don't know what to do. I want to get it taken care of, but in doing a little research I have found bad things about WWR. Should I contact Capital One directly or is it to late for that? Should I call this company and see if we can work out a payment plan, or settlement? Or should I just wait until October 4th and see how it goes in court?
Any and all advice is greatly appreciated!!!
Verified Motion for Proceedings Supplemental
Comes now the plaintiff states:
1. The Plaintiff owns the judgement obtained in this court against the judgment defendant, and the unpaid balance of the judgement as of August 18, 2010 is $1937.31
2. Plaintiff has no cause to believe that levy of execution against the Judgment Defendant will satisfy the judgment.
3. Plaintiff believes that the judgment defendant may have non-exempt property or earnings, and that the Garnishee-defendant, if any, may have non-exempt property or earnings of the judgment defendant.
Wherefore, plaintiff prays that the judgment defendant be ordered to appear before the court to answer as to his or her non-exempt property or earnings, subject to execution; that the garnishee defendant, if any, be ordered to answer interrorgatories concerning non-exempt property or earnings, due or to become due, to the judgment defendant and return the same to the court; and that the court, after receiving the answered interrogatories from the garnishee defendant, if any, issue an appropriate order to apply said property or earnings towards the judgment.
Verification/Certificate of Service
Plaintiff's undersigned attorney affirms, under the penalties for perjury, that the facts set forth in the foregoing verified motion are true to the best of his or her knowledge and belif.
The undersigned hereby further certifies that a copy of the foregoing motion has been served upon the judgment defendant by first class U.S. mail, postage prepaid, this 36 day of August 2010.
It then has Weltman, Weinberg & Reis' contact information. And Thomas R. Kendall (Attorney for Plaintiff) Signature
Order to appear on plaintiff's motion for proceedings supplemental
Comes now the court and grants plaintiff's verified motion for proceedings supplemental. Is therefore ordered that the judgment defendant appear before this court, which is located at _______ on October 4, 2010 at 10:00 am to answer as to the judgment defendant's non-exempt property or earnings subject to execution.
It then has a place for the judge's signature, but is not signed.
This is the first thing I have received from this company, I wasn't aware they had taken over the dept. I don't know what to do. I want to get it taken care of, but in doing a little research I have found bad things about WWR. Should I contact Capital One directly or is it to late for that? Should I call this company and see if we can work out a payment plan, or settlement? Or should I just wait until October 4th and see how it goes in court?
Any and all advice is greatly appreciated!!!
Sounds like there is already a judgement against you and they ar
Sounds like there is already a judgement against you and they are looking to enforce it.
You probably should call asap.