PLS HELP!!NOTICE OF INTENT TO ENTER DEFAULT JUDGE

Date: Thu, 03/05/2009 - 19:47

Submitted by anonymous
on Thu, 03/05/2009 - 19:47

Posts: 202330 Credits: [Donate]

Total Replies: 2

I was sued by HFC.I have tried talking to HFC and they will not take any lesser payment as a monthly payment and wanted me to pay $250 a month and I did pay them for a few months and defaulted. Today I received a letter in the mail for HFC's lawyer and this is the content of the letter. Please explain what does this letter mean and what are my options. Thank you so much .

The letter says: Notice of Intent to enter default and application for enry of default and default judgement.

To: Defendant. My name. Youa re hereby notified that Plantiff,(HFC) by and through it's attorney, will apply to the above captioned court for entry of order of default and for entry of a default judgement in the above-entitled matter on or as soon thereafter as the matter can be heard, as provided by NRCP Rule 55(B)(2)

The 2nd page is a signed Certificate of Maling.

I do not know what to do or what my options are and I will be able to pay if they agree on a lower payment. Please help. Thank you

default judgment

You were sued in the court. This means a complaint was sent to you. Normally you file an answer and go to trial. If you do not file an answer the Plaintiff (HFC) can then file for a default judgment which means they win.
The judgment will stay on your credit record till paid and then for 6 years.
At this point you can try to file papers with the court to ask the court not to allow the default judgment but you normally need an attorney to do this because it's quite complicated.
You basically have no recourse. Once they get the judgment then they can bring you into court and under oath find out where your assets are and then garnish them.
However, if you have no assets, then no big deal. You are basically untouchable and you can negotiate a payment plan with the attorney.
You can also try calling the attorney prior to the default judgment but most attorneys will proceed anyway because it gives them additional leverage.
If you have a lot of assets, then you will shortly be asset free up to the amount of amount owed.
Most states have exemptions for assets in your home, but luxury items and of course cash in banks or savings will be garnished.

lrhall41

Submitted by on Thu, 03/05/2009 - 22:21

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Hi debtinlv, A default judgment is when you do not show up in

Hi debtinlv,

A default judgment is when you do not show up in court to defend yourself.

Did you ever get a summons? If not, you may get it dismissed due to lack of proper service. Call your County Courts, find out if there is a case against you, and inquire as to how they served the summons that you never received (if you didn't).

It seems that they can be harsh, be careful with them.

Hope this helps,

chrys

lrhall41

Submitted by Chrys Henderson on Thu, 03/05/2009 - 22:22

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