Need Advice for Court Hearing on the 20th

Submitted by TcreamyDelight on Fri, 01/07/2011 - 08:42
Forums

Hello! I hope someone can help My Husband and I just found out on 12/31/2010 he had a default judgment against him since 2002, and how we found that out was the bank said acct bal was zero he was like i just got paid what do u mean zero. So they gave us the number of the collection agency. We contacted them and they said you owe 19,000.82 cents I was like for what they was not able to give any more information but there was a judgment since 2002. He was never severed with a summons a claim or anything once we showed up at the county clerks office we see that it was for a car he brought in 1997 and they filed a claim in 2001. I'm no lawyer but there was no activity with this case after 5/28/2003 until 12/31/2010 We filed a writ of garnishment and a motion to set aside the default judgment. Now I don't know what to say in court other than he was not served I think it is unfair and this collection agency is not the one he owes..Any help will be greatly appreciated.

you need to get a lot more information about this claim. He was served (perhaps fraudulently), so find out about how and where the plaintiff claimed to have served him.

Fri, 01/07/2011 - 11:35 Permalink

Most attorneys will give you some free advice on your first visit....I would certainly go to one.

I also believe you might find some help at http://www.freelegalaid.com/

Search for your state and find an organization that can help you.

I think this is something that can be fixed but you do need to talk to a professional....

One more piece of advice. Talk to several professionals as everyone has different strengths and knowledge and you will have a better idea on how to handle it.

Best of luck to you and so sorry that you are in this situation.

TD

Fri, 01/07/2011 - 16:19 Permalink