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Stip for Entry of Default - Emergency Help Please

  • Thread starter Thread starter NM250
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N

NM250

Guest
What is the name of your state? California

Back in early 2003, I was sued for defaulting on a revolving credit account for just over $5,000. The original credit card had a $1,000 limit but with late fees and overlimit fees, the debt escalated to over $5,000 (that in itself should be illegal).

The suit was filed Feb 25, 2003 and was served on me over 45 days later.

I attempted to argue with plaintiffs counsel, but they refused to cooperate. I argued improper service, threatened to file a motion to quash, but eventually I ignorantly signed a stip for entry of judgment and agreed to pay $100 monthly until paid off. I made 8 payments and have been unable to continue.

Plaintiffs counsel has been abusive and derogatory throughout the entire process and has now filed a memorandum of costs and is threatening to levy my bank account. Unfortunately, I paid them once with a personal check so they know my account number.

My questions range from can this be set aside even at this late date to should I close my account and re-open a new one with a new account number?

I currently am already being garnished for a really nasty voluntary repo where the bank sold my $35k tahoe for $10k and sued me for the difference, although the garnishment is for less than 25% of my net I have called plaintiffs counsel's bluff in a way by confiding in him to the extent that he knows I am already being garnished.

If anyone knows a legal firm that might be able to help the little guy out of a jam, it would be appreciated.

I am a single father with sole custody of my two children and I get no support from the ex, in other words I am a walking talking harship case. If plaintiffs counsel is able to take any amount from my bi-weekly pay, we will literally go hungry - its that tight week to week around here.

Please help!
 


Ladynred

Senior Member
You can close the bank account and open a new one - and don't ever pay with a personal check again. However, they could still drag you into court for a debtor's exam (or send you interrogatories that you MUST answer) to discover your new bank account and any other assets you might have.

Your wages can only be garnished UP TO the 25%, so even if they went for garnishment they would only get the difference.

However, if the additional garnishment would cause a genuine hardship, you can appeal it on that basis - just be prepared to prove it.

You'll never get the judgment set aside at this stage in the game, you have no grounds.
 

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