I'm totally worried

[mattyndavidsmom]

What is the name of your state?Utah

I have been suid by a credit card company. Happened almost two years ago and the attorney for the credit card company kept not following procedure so it just kind of died. Now all of a sudden I am getting summoned to court. I am out of state so haven't seen the paperwork. I called the court and they said that the attys won a judgement against me for 14k! I am a single mom on disability. I own my car and my home. I am in the process of selling my home as I cannot pay the payment. I was hoping to take what I made on the house to provide another home...that I could afford. Now I see they are going to put a lien on my home for the 14K. In other words I will sell the home and have NO WAY financially to purchase another home. I can't keep it as I already signed it over to someone else who is buying it from me and reselling it. I can't afford a 14K lien. I will not be able to provide a home for my family and will just end up deeper. Is there anything I can do? Can they take my car too? I'm very worried and REALLY need help. Any help is appreciated. I feel like I am at the end of my rope.

 

[Leinalani]

What is the name of your state?Utah

I have been suid by a credit card company. Happened almost two years ago and the attorney for the credit card company kept not following procedure so it just kind of died. Now all of a sudden I am getting summoned to court. I am out of state so haven't seen the paperwork. I called the court and they said that the attys won a judgement against me for 14k! I am a single mom on disability. I own my car and my home. I am in the process of selling my home as I cannot pay the payment. I was hoping to take what I made on the house to provide another home...that I could afford. Now I see they are going to put a lien on my home for the 14K. In other words I will sell the home and have NO WAY financially to purchase another home. I can't keep it as I already signed it over to someone else who is buying it from me and reselling it. I can't afford a 14K lien. I will not be able to provide a home for my family and will just end up deeper. Is there anything I can do? Can they take my car too? I'm very worried and REALLY need help. Any help is appreciated. I feel like I am at the end of my rope.

I'm sorry to say but if they have a judgement against you, they have the right to collect on that judgement by any legal means possible.

Is there any other way you could pay off the debt?

 

[seniorjudge]

What is the name of your state?Utah

I have been suid by a credit card company. Happened almost two years ago and the attorney for the credit card company kept not following procedure so it just kind of died. Now all of a sudden I am getting summoned to court. I am out of state so haven't seen the paperwork. I called the court and they said that the attys won a judgement against me for 14k! I am a single mom on disability. I own my car and my home. I am in the process of selling my home as I cannot pay the payment. I was hoping to take what I made on the house to provide another home...that I could afford. Now I see they are going to put a lien on my home for the 14K. In other words I will sell the home and have NO WAY financially to purchase another home. I can't keep it as I already signed it over to someone else who is buying it from me and reselling it. I can't afford a 14K lien. I will not be able to provide a home for my family and will just end up deeper. Is there anything I can do? Can they take my car too? I'm very worried and REALLY need help. Any help is appreciated. I feel like I am at the end of my rope.

Talk to a bankruptcy lawyer.

 

[mattyndavidsmom]

They can just take whatever?

Are you saying they can take my only form of transportation and they can rob me of providing for my family? The credit card in dispute was removed from my credit as I showed it wasn't mine. Then I didn't get any chance to defend myself....that's ok too???

 

[Leinalani]

Are you saying they can take my only form of transportation and they can rob me of providing for my family? The credit card in dispute was removed from my credit as I showed it wasn't mine. Then I didn't get any chance to defend myself....that's ok too???

If they've won a judgement against you, that means that they could prove that it was your debt. You should have made an effort to show up to the hearing.

And yes, they can take your only form of transportation and whatever monies out of the house that you've already stated you're selling.

And like the Judge said, maybe you should talk to a BK lawyer and file for bankruptcy....

If you don't want that as an option, than they have the option of collecting on their judgement by any legal means possible...

 

[mattyndavidsmom]

no hearing

There never was a hearing...I never got notified of a hearing. I just found this out that they got a judgement without a hearing. That's what I am saying...I didn't even get a chance to defend myself. I wasn't notified at all??? I thought I should at least been notified of some sort of action.

 

[Leinalani]

There never was a hearing...I never got notified of a hearing. I just found this out that they got a judgement without a hearing. That's what I am saying...I didn't even get a chance to defend myself. I wasn't notified at all??? I thought I should at least been notified of some sort of action.

Now all of a sudden I am getting summoned to court.

Didn't you say in your original post that you were summoned? That's your notification that you were being sued.

 

[seniorjudge]

Didn't you say in your original post that you were summoned? That's your notification that you were being sued.

I have been suid by a credit card company. Happened almost two years ago and the attorney for the credit card company kept not following procedure so it just kind of died.


OP was notified.

 

[Leinalani]

I have been suid by a credit card company. Happened almost two years ago and the attorney for the credit card company kept not following procedure so it just kind of died.


OP was notified.

That's what I thought...

Regardless, you now have a judgement against you. You are now required to pay it.

 

[mattyndavidsmom]

no never got summons

I am out of state and they have been trying to deliver a summons and they won't give it to my son... so there has been no hearing and I have not recieved anything by mail or by summons. Yet the court clerk says that they have already made a judgement. And that's what I dont understand, how can they make a judgement without me present to defend myself. I have not gotten a summons, a hearing notice, nothing. I called the court clerk and she told me they got a judgement.

 

[seniorjudge]

And that's what I dont understand, how can they make a judgement without me present to defend myself.


You said you knew about this two years ago. When you did not show up for court, then you gave up all rights to defend yourself. Not showing up for court means you agree with what the court does. It's called a default judgment.

 

[Leinalani]

I am out of state and they have been trying to deliver a summons and they won't give it to my son... so there has been no hearing and I have not recieved anything by mail or by summons. Yet the court clerk says that they have already made a judgement. And that's what I dont understand, how can they make a judgement without me present to defend myself. I have not gotten a summons, a hearing notice, nothing. I called the court clerk and she told me they got a judgement.

Well then, one of two things could be happening here.

One - another credit card company has a judgement against you while this credit card company is in the process of suing you.

Two - they did serve you (although you may not have been personally served which happens all the time), of which they have proof, went ahead with the hearing, got a judgement and now you owe.

So, if I were you, I'd call the Courthouse again, clarify if you have any court hearing coming up. If not, clarify when the last hearing was and when the judgement was issued and for what company.

It is common place for hearings to happen without the defendant there. In those cases, judges review whatever information the plaintiff has and rules accordingly. In most credit card debt recovery cases, they judges file in favor of the collection agency. They do not necessarily need you to be there in order for a judgement to be made. Especially if the plaintiff can prove that they have served you legally.

 

[Leinalani]

And that's what I dont understand, how can they make a judgement without me present to defend myself.


You said you knew about this two years ago. When you did not show up for court, then you gave up all rights to defend yourself. Not showing up for court means you agree with what the court does. It's called a default judgment.

Yes, a shorter version of what I just said....

 

[mattyndavidsmom]

hmmmm

Okay, two years ago I followed the rules, showed up when I was supposed to and everything the attys did was thrown out as they didn't follow procedure.. The judge dismissed it and it was over...

Now, all of a sudden the attys have evidentally taken it back to the judge and asked for a judgement. They have not served me...they just went by my house again today as my son told me they were there. He informed them that I was out of state and would be for a few more weeks and they said they would come back. So, there is a summons out there that I have not seen yet. There is no other credit card company....only this one and thanks to an ex-husband. The clerk said the judge ruled in the banks favor, and that the hearing is to determine how they will collect from me. They mention their intention of putting a lien on my house. I talked to my attorney and he said my only hope was that if they didn't follow procedure in this that it could be removed but that's a longshot.

 

[Leinalani]

Okay, two years ago I followed the rules, showed up when I was supposed to and everything the attys did was thrown out as they didn't follow procedure.. The judge dismissed it and it was over...

Now, all of a sudden the attys have evidentally taken it back to the judge and asked for a judgement. They have not served me...they just went by my house again today as my son told me they were there. He informed them that I was out of state and would be for a few more weeks and they said they would come back. So, there is a summons out there that I have not seen yet. There is no other credit card company....only this one and thanks to an ex-husband. The clerk said the judge ruled in the banks favor, and that the hearing is to determine how they will collect from me. They mention their intention of putting a lien on my house. I talked to my attorney and he said my only hope was that if they didn't follow procedure in this that it could be removed but that's a longshot.

If you already have an attorney, talk to him.

And now I understand. You ALREADY have a judgement against you. What you're being summoned for is a hearing to declare your assets since it seems that they have been trying to collect. This is called a "Debtor's Hearing" at which you will be court ordered to answer their questions regarding what assets you have in your name. If you don't go, you could be held in contempt of court and face some jail time.

Apparently they already served you, got a judgement against you and are now trying to collect by whatever means they have at their disposal. Call the county clerk's office and ask them about your "Debtor's Hearing" date and see if they have anything there.

At this point, all you can do is pay it off. If your lawyer says differently and you're willing to pay for court fees in which to appeal the original judgement (of which will be expensive), than go ahead and try. And tell us what happens later.