Final Judgement but my Motion to Dismiss was never heard!

Submitted by unknown on Fri, 11/13/2009 - 21:47
Forums

I received a summons & complaint from Chase bank. I timely filed my motion to dismiss based on the fact that they had not provided me with the original signed contract. The motion was never heard or set for hearing and the clerk entered the default and I just received the signed final judgement yesterday. What do I do now??? I'm afraid they're going to seize what's in my bank account, not that there's much, but it's all I have! I called the clerk's office and they said I need to pay a fee to have the case re-opened.

I believe I would pay the fee to have the case reopened. Because if they start to garnish your account they will continue to until they get all the money you owe them. When you said they didn't provided you with the original signed contract. Did you send then a debt validation letter certified with receipt. If so you have your proof they didn't send you verification that the debt is yours. And most likely they can't so reopen the case and present your proof. That should take care of it.

Fri, 11/13/2009 - 22:00 Permalink

Can I still send a debt validation letter and if so, do I send it to their attorneys or to Chase?

Fri, 11/13/2009 - 22:13 Permalink