final judgement and fact info sheet

[annajosie]

What is the name of your state? Fl

received from creditor's attorney a copy of final judgement and copies of fact information sheet. However, the copy of judgement sent by attorney did not have a date, not a judge's signature nor a seal on it.

I called the courthouse and they have no record of a final judgement being issued in this case. They advised me to call attorney and ask for certified copy of judgement.

should the fact info sheet be filled out before I have a signed, dated copy of final judgement? If the attorney does not have a signed and dated copy of this judgement, how can they demand that I fill out the fact information sheet and send it to them and file a copy with court within 45 days from the date of Final Judgement, when there is no date on final judgement, no signature, no seal and no record of it in the courthouse?

 

[annajosie]

phoney judgement

this judgement was never signed by a judge. it was not recorded, signed, or dated.

Now I guess creditors can send phony court papers trying to intimidate debtors to fill out information fact sheets, when in fact, there was no final judgement

 

[fourseasons]

Please be careful when assuming that the Plaintiff's attorney did not file. Although I am not in the legal field, I had a similar situation.

I received a summons advising me that I was being sued. After several filings and responses, I received three items from the Plaintiff's attorney:

1 Plaintiffs reply to defendant’s memorandum in opposition to Plaintiffs motion for
summary judgment
2 Summary judgment
3 Notice to submit decision

There was no action on my part required. The Plaintiff's lawyer had everything in order and all the Judge had to do was sign the paperwork. I felt totally helpless.

Fortunately, the Judge in my case sent out a notification for oral arguments and we appeared in court. It would have been very easy for the Judge to sign the papers and place a judgment on me.

I don't know if this is what has happened in your case or not; however, procede with caution. This paperwork that has been sent to you could be sitting on a Judge's desk waiting to be signed.

I don't know the time frame in your situtation; however, it was approximately 2 weeks to receive notification from the court in mine.

 

[annajosie]

Thanks for your reply and your advice. Much appreciated.

The problem with this is that I figured the creditor's attorney would get a judgement; he sent me papers that say it is a judgement, but when I called the courthouse they had no record of a final judgement ever being issued. The copy the attorney sent me had no date, no signature and it was not a certified copy of a judgement.

they want me to fill out a fact information sheet which I have no problem filling out. But they do not have a signed copy of any judgement. Also, I never received a copy of a judgement from court, which I should have gotten if the judge did issue one. it would have been a signed, dated and certified copy of judgement.

I called the attorney's office and inquired about this and they were supposed to get back to me, which they have not.

 

[fourseasons]

Just keep in mind, that the papers I received came by regular mail with no date and with no signature....(there was a place for the Judge to sign and date the paperwork). My papers were not a certified copy.

I did not receive an information sheet in which to fill out; however, I am guessing the the Plantiff's lawyer wants to have everything prepared in advance in order to process the judgment quickly - just a guess.

It would be completely unethical for a lawyer to send you papers that he/she did not process properly....and not worth going before an ethics committee. Keep in mind, that the Judge in my case had the paperwork for 2 weeks before he sent me a summons to appear in court. So be procede with care.....I just don't want you to be blindsided.

 

[annajosie]

Thanks again for your response. I will take your advice very seriously. Could you tell me if the paper you received was a final judgement? That's what has me so confused. The courthouse is telling me to ask the attorney for a certifed signed and dated copy of the final judgement - I have received nothing from the court at all.

thanks again

 

[fourseasons]

No - none of my paperwork shows final judgment**************......The Plantiff's attorney, in my case, filed 3-5 motions and/or orders with the court simultaneously - on 5 different occassions. I did go through all the paperwork and nothing shows up as final judgment.

 

[annajosie]

again, many, many thanks. it is very kind of you to reply and I really appreciate it.

What I decided to do, is go down to the courthouse tomorrow and have my file pulled. I have the case no. and the summons that I received. I can look in the file and see if there is a final judgement in there or not.

My gosh, why is this so complicated? This court stuff drives me nuts!!!

again, many thanks. most appreciated