Solomon and Solomon - judgement against bank account
Date: Wed, 08/08/2007 - 21:31
Once this happened I called Solomon and Solomon and said what I had to in order to get the judgement lifted. I basically told them I would start making payments within a month. I also asked them to send me a payment plan outlining our exact agreement, amount, date due, etc...which they refused. Believe it or not, the next day the judgement was lifted. Since then I have done some research and found out that I can possibly get the judgement vacated because I never received the initial court papers. I sent Solomon and Solomon a certified letter essentially denying the debt and asking for validation. I also stated that I believed that the judgement was invalid. The account now sits with just over $5 in it. The month that I "agreed" to is now over but the account is still not frozen.
Im curious as to what should be my next step. I find it odd that Solomon and Solomon didnt immediately freeze the account again after the time period. Has anyone ever dealt with them? The original debt was with Sears and was about $850. According to Solomon and Solomon it is now over $1750. It cost them $500 to go to court and get the judgement. What else can they do besides take my measly $5? Im currently not working. Any thoughts or help would be greatly appreciated.
I was just looking over some paperwork concerning this...it look
I was just looking over some paperwork concerning this...it looks like LVNV Funding, LLC was the default winner of the judgement but it is Solomon and Solomon who I called originally. When the bank account was frozen I called my bank and they told me I had to contact Solomon and Solomon. Does Solomon and Solomon do the legal work for LVNV Funding?
You need to study the court & state rules of civil procedure for
You need to study the court & state rules of civil procedure for where the suit was filed. You will be filing a motion with the court to vacate the judgement due to improper service. If the court vacates,then the lawyer will have to refile and serve you properly for their case to go forward.It is not a good idea to be talking to a representative of the plaintiff who will use what you tell them against you in court.
Its been a week and theyn havent done anything. They have calle
Its been a week and theyn havent done anything. They have called my cellphone a few times, but my bank account still hasnt been frozen. Is it possible they have given up because I fought back? Perhaps they know the debt is uncollectable?
I have already given you advice to help resolve this above. A de
I have already given you advice to help resolve this above. A default judgement will not just go away!
Vacation of Judgment
Same thing here. (AL) The bank is from Miss. They were doing business in AL but no offices. After hurricane Ivan 2004, I went out of business. Bank filed suit for balance of loan and won default judgment by giving public notice in newspaper. (I've lived at same address for 6 years.) I got a letter from them saying "they reviewed their records and show where a judgment was awarded to them and want to make settlement arrangements". There was no threat of anything else. However, I plan to move to vacate the judgment because of faulty service and due process. I am also writing my bank to inform them of possible acct lien, as the funds are exempt.
The notice letter sent to me was not signed and demanded I call them within 10 days of date of letter. If I call, it will be to give them my e-mail address, as I want any correspondence in writing.
The SOL for Promissory Notes is 3 years in Miss, but 6 in AL. They were awarded judgement Nov-7-2005. Funny, but for over 3 years I hear nothing from them until almost the end of 2008. It may be a last ditch effort to squeeze blood from a turnip, but judgments last 7 years on your credit. They could put a lien on my house. But all 3 CRA's show no judgment for this bank. Maybe they won the judgment but did not have it entered. Clerk could answer that. It just seems weird that I would get a letter THIS LATE about this, and it openly welcomes the prospect of making arrangements to settle the acct.
Your thoughts are appreciated...
You have to be served and judgement granted to the plaintiff.
You have to be served and judgement granted to the plaintiff.
