Thank you so much for this video....we are from north carolina and my mom just got a letter that she has recieved a default judgment on a defimation suit against her (that they have kicked down the road for over 2 years) and she never recieved any information telling her when the court date was. The worst part is she is completely innocent and the lawsuit is obviously retaliatory and frivolous and should be easily proven as such, so she had absolutely ZERO reason to purposely miss court. Missing court was literally the only way anyone looking at it with any objectivity whatsoever would have ruled against her, it should have and most likely would have been dismissed....it almost seems like the other persons lawyer (my mom no longer has one because unfortunately could not afford hers any longer....she doesnt make much money as it is and they already had charched her over 10k in retainers to that point and we had not even seen the first day in court yet...this was all for emails and fax and paperwork, we only even met with them three times for an hour each to talk about the case but they mostly only talked about how much money my mom made and how much her house was worth and if it was paid for...the only thing they had done of any real value yet was the deposition) so the other persons lawyer knows she is unrepresented and im afraid he used some dirty trick or used covid to get an open ended court date (we kept recieving letters over the years that once covid passed that the courts would be processing more cases and would finally get a date together) and then used legal kung fu to sneak a court date past my mom somehow without her getting notified, if thats even possible...sorry if that doesnt make much sense i hope you could follow me lol...im just trying to reach out anywhere i can to get some help for her...this video was a great start.
You're good to help your mom. Yes, covid was used to move a slow system into a crawl. Notice should have gone by email or regular mail. The faster she can she should get into court to ask for that to be set aside. Your best help would be to help her hire a new attorney to do this or help her go back to the old one who was paid.
So I found out my mailman was signing for my packages and they never got delivered and he admitted it to his bosses. I have 2 default judgements and one that was about to default. How do I sue the post office?
As rediculious as this may sound I: filed bankruptcy back in 07 and the loans were properly discharge via counsel.i found out in 2013 that the bank did not complete the foreclosure process and that I was still liable for the property. At the advice of counsel l gained access to the property,changed the locks and had been harassed by the goons hired(unofficaly) by the bank.The bank finally foreclosed on the property in 2018 and sold it(note I walked away with nothing as I expected.) I did hire another attorney to protect me through these proceedings and I thought that was it. Then just in 2020 I found out that they had a judgement that apparently they got the"ok" for. I wasn't served any paperwork and had no idea that this even took place.How can a bank sue you on a loan that was already discharged in bankruptcy court after they foreclosed on the property and sold it? All this was done without any paperwork or notification of any kind.
HI @Draw Please make an appointment with your bankruptcy attorney asap to make sure everything is as you say. Once you have been discharged any further collection action is sanctionable and the Judge will order them to pay you damages.
What if you never got served and never new you were being sued? And court happens without you? Do you just get served or notified in anyway outside of the first served? How much is a "default judgment" cost? And what is the time limit to defend yourself? What are legitimate reasons for defense against the default judgment?
What happens when the homeowner wasn't served, she was in her final 2 years of life at a senior center. She could not go to court, we went for her, court would not hear on Forclosure Judgement. Second service Forclosure Judgement Hoa association dues was on me 2020 after she passed, she can't testify. Colorado
Hi V - any case would now be a claim against the Estate of the person who died and/or against the property. The estate attorney will know what to do. So sorry for your loss.
@@FinelyRevealed There is no estate attorney, I could not afford an attorney to defend against Hoa. Can dead man's law, hearsay apply because she's passed and I can't answer. Also can I use ?FDPCA also Time bar of Statute of Limitations passed and Hoa never got settlement, never followed CCIOA CO Laws? Still dealing with Probate, this Civil case..
I am a Pro Se litigant, I served the attorney, as requested, and he did not respond within thirty days. He responded 5 days late. An affidavit of service was submitted and then I filed a default judgment along with other required documents. What motions can he file to contest my default judgment? thanks
Debt collector keeps postponing court hearing and I keep showing up eveytime. This would be my 3rd time, I have court Thursday. They are 3 hours away from our court hearing. Do you think they will show up?
If a judgment has expired then there is nothing to be done- it is unenforceable. If it still shows on a credit report you can contact the credit bureau and have it removed from your report.
It is a good idea to check the official record- so that you know the basis on which they moved ahead to judgment. Sometimes family members or roommates etc take papers and forget. That would be good service and you don't want to ignore it past relevant deadlines.
I have judgement entered against me, debt collectors took advantage of me since I was clueless about the law, I offered to do $100 a month payment but they still said they were gonna do a default judgement because they didn't like what I was offering, I never got a court date or anything stating a judgment being filed months ago, but now I got papers from them saying I got a judgement entered against me which shows on the court filings. Along with this I got subpoena papers and says to fill out it with bank info and assets etc, On the court filings it doesn't state anything about a subpoena being filed, this subpoena is to be returned to the debt collectors. can file motion to vacate the judgment and what about the supeona?
Thank you for this video. I have a question: if a defendant refuses service and his lawyer later admits in writing having seen the complaint and tells the plaintiff why he is going to lose, is this constructive service?
Contact the attorney for the creditor or the creditor directly and make an offer. Do not give them access to your bank account and get any agreements in writing. Will make another video. Thank you for the question .
Hi @Apryl Each court is different- some have short deadlines to make corrections or set aside judgments and others are longer. The initial papers would have the deadlines to answer. Look on the summons to check that - it will state how much time you have to file an answer. If a default was already entered then you need an attorney to check the time you have to set that aside. Good luck!
If you receive the judgment in a small claims court, how much is your total judgment? I put it on the Court paper, that I wanted 15,000. The judge did $1108 for my judgement. Is that wrong or right?
A judgment is entered based upon the evidence. If the evidence supports a different number than what was put in the judgment, then there might have been a mistake that can be corrected.
If you pay in full before judgment is entered- it should be dismissed. If you pay after then it should be marked satisfied. This is for the money part- it is up to the landlord and you both to agree for you to stay.
I'm not keen on these terms, but what of judicial notice of motion for default for a foreclosure? The hearing is without oral argument. What can we do?
@@LittleQween65 I don't know anything about foreclosures but I can tell you oral arguments are to talk about the paperwork that has been filed into the case.
Hi How to respond to default judgement or answer out of time...a judgement was discovered by calling court house, needing quidance in Alabama/ for California...
Is not showing up because you put it in your calendar wrong a reason to grant this application? The lawyer for my defendant didn't show up and I was awarded judgement. He Called me 2 days later leaving a voice-mail saying he mis-calendarized it and will be filing an application to set aside. I did not motion for a default. I was asked to plead my case after 10-15 minutes passed to allow defense to call in, they did not and I was awarded the amount. As far I'm concerned, it was his responsibility to show up after being notified of the date and time for court.
People make mistakes and there are *sometimes ways to ask the Court to go back and look at something again. For a default judgment they would ask for it to be set aside. In this video beginning at 2:57 that is covered- they need a reason it was missed and a legal defense to the claim. You will be notified of the filing and you can respond and then there should be a hearing.
If a Motion is filed in court then you would file a response and the Court would decide. A judgment stands unless it is set aside or appealed. It becomes final after those deadlines pass.
Filed fl360 after taxes were taken and while fighting that case another county opened a case and started to use this case . Motion granted because we had the kids but the other county followed the older order not the one that is in the court file . The case was then transfered to the other county . During the complaint process we learned that the sub service was at parents home where we did not live. Two more important incidents of changing my mailing address they lost my rfo to modify and scheduled the court date denied my modification and consolidated the cases . Sent the order to parents address again 3 months after court .
A judgment can be corrected by the person or entity making it either on their own accord by noting a mistake or upon request made within a certain amount of time based upon the rules of the agency or court.
I have a 12 year old non student loan debt that I’ve not been served for a they just sent me a garnishment letter. Like that the court approved it. What do I do to stop this bs?
Rental agreement .that case dismissed but the starting out to be unlimited civil I fought but after I moved and relieved mail at my mailing address and attorney acknowledged knowing new address i attended the two case management then I get that they requested a dismissal on the now limited to they denied because the planting missed the ?if my fees as the defendant were wavived
Hi Randy - Each court has its own rules so go by what your lawyer tells you. Unless proceedings are closed (such as juvenile matters) anyone may watch a court proceeding and if you want to attend hearings in your case you are free to do so but not always required.
Hi Jesus - that sounds like someone who was ordered to be evicted and wants to appeal to have that changed. An attorney in the area would be the best person to help with this. There are lots of rules and time limits involved.
If I’m currently paying on a debt and the defendant is still taking me to court to try and get a default judgment. Is that possible for the judge to award a default judgment when I’m paying on the debt.
Hi @GodisLove The default judgment can be asked for when there is no filing made in response to the lawsuit. Please make sure you notify the court if you wish to contest the case.
Hi @janjoy Yes, most definitely. It is public record and so will impact credit reports and scores and ability to borrow money. This video was only dealing with what to do about the judgment- will do another on the impact. Thank you for the question.
I’m finding it difficult to get clarity on this example. . I was packing my car to head out of town. Guy walks across my yard with large envelope. He says are u Tom jones? I said no. he said ur not Tom jones? I said no. Never heard of him. He says well u look a lot like him. His hand was extended w envelope as he’s talking. Since he’s using wrong name, I didn’t take them. He drops at my feet on concrete. There is nothing written on envelope. I 100% didn’t think it was for me , that he made a mistake. I could not think of anything y would be served . I immediately did a recording and sent to a mass of people on what should I do. Everyone that responded said don’t touch. Which was my inclination. I leave , assuming he would be back to get them. I come back 10 days later. Still on pavement. I pick up and they were for me. My ex and I was gonna do mediation for custody and someone convinced her to file in court. I called opposing party attorney and asked if anything could be refiled so I had complete 30 days to get response in. She said no. And we have u on video accepting. I said no u don’t. The judge did a default judgement saying I failed to respond in time. Which again is not true. . I had no idea there was a default judgment. I hired an attorney that got disbarred . I lost 18 months due to that. Was I served? Since he never identified me by name , nor was it written down. If I knew what it was I would have happily grabbed . My daughter is all I have. And she was stolen
I received a citation to asset discovery for 250,000 default judgement on Octiber 4th. I've never met these people. I did get in an argument on the telephone when the owner of a rescue shelter tried to force me to return my dog. I had a paid receipt. How do I keep my home? I'm 66. I'm on social security. My house has a mortgage balance of 110,000. My home is worth 200,000. Maybe. I owe 40,000 in unsecured debt. Any suggestion would help
I’m the plantiff and the Debitor didn’t show up to court ..I filed the paper work in the failed to pay paperwork now the judge issued a bench warrant and I went to filed all the paper work to finalize the bench warrant so what happened next?
It depends on the procedures and law where the case was filed. If this was an exemption as to a particular attempt to collect or whether it applied to the person/entity the judgment was entered against. Look at the papers to begin as it may say.
From Texas, Bank Account was frozen. Thinking fraud somehow. Then received a certified letter "Protected property claim form" . I DO NOT own my home or vehicle. Don't really OWN anything. My wages are workers compensation (DOL). I have a pet, they have not taken him. So my question do I give a value on my pet? And other items like food, clothes, furniture? Please!!!! This form seems simple but I'm so confused as what they are asking.
HI @Vishal here is one link to another vid on exempt property ruclips.net/video/GVeu4jjw2dI/видео.html and I will post below on expired judgments in a separate comment.
I live in Canada and I can not find any one to help me. Thanks for your time. I feel so suicidal because my ex is filing default judgment s against me with out me knowing. I just found out from land title office. I was never given the opportunity to defend my self.
@@FinelyRevealed Thank you for your response. I am sorry for all the spelling errors. When I wrote it I was in tears. You still took the time to read it. Your a very good human. Warm regards. Thank you for seeing me.
I have no money..we aren't even getting these stimuluses or gotten any tax money back tax time. If they take money out of account we will end up on streets. What can I do?
Hi, I have a judgment entered against me in FL in 2013 and I have not lived there since 2010 and I never received documents until after the default was entered. And I live in GA. Is that legal? They sent paperwork to my job in 2017 but my job didn’t allow them to proceed with it.
Hi @MJ Sounds like bad service and the court therefore did not have jurisdiction. I will make a new video- meanwhile get copies of the paperwork- much of it can be found online. Contact an attorney where you live now to learn the specifics of what you can do there & more importantly, what type of notice is required for a judgment to 'follow' you there.
I’m 68 on a pension and SS disability . I owe 50,000 in unsecured debt. I can’t pay it back. I was told they cannot hold my bank account . Is this true in Texas?
Hi Anti - a default judgment means you win what you asked for in the petition or complaint. If you didn't state a specific amount then a hearing is needed to establish the amount. Hope that helps.
So i recieved a letter from lawyers who were persistent at bringing back a credit card bill a judge was going to let go because they waited too long credit company and this law firm appealed to bring it back. So now after some paper work was sent to me in a 2 to 3 year span I dont recall them asking for an answer unless I read any of it wrong but now theyre saying since I didn't answer theyre moving to make motion for default judgement of that bill plus court fees which I do not have any way to pay. I'm not working been out of work since 2018 and going to apply for disability. Any ideas how I should respond to any of this? I'd be grateful for any advice thanks.
HI @Mitchell please get an attorney to help you. Legal aid is a group in every location that can help so long as you are not trying to get any money- just defend yourself. You need to respond to what was filed- even if you have to do it yourself to let them know you are not ignoring this. The best way is before a judgment is entered. If the judgment was entered but the claim was 'stale' or you have some other legit defense then that is a basis to get it over turned. Best of luck!
@@FinelyRevealed thank you for the reply basicly I have no defense. The bill was rightly owed however the credit card company waited too long and the judge wasnt seeking to pursue it until a multiple lawyer law firm moved in and persisted it be brought back. However truthfully the bill was ran up by my parents then thrown to the side sticking me with it. It was my fault allowing my mother to keep the card though as she was the bill payer and grocery shopper of the house. Anyway I plan to respond after I apply for disability next week. Anyway I appreciate your reply.
HI @Eric Sounds like you should get an attorney to assist. Each court has different procedures. Get copies of everything filed in the court and all of your receipts, cancelled checks etc that show payments.
I got a notice of renewal of judgment from capital one bank I owe them 4k from 10 years ago they garnish my bank account ones for $ 700 back then. What should I do ? I don't own a house I rent, I don't put money into my bank account I use it only to pay bills. What should I do?
Hi Marvin. They are probably trying to bundle it to sell to a collection agent for pennies on the dollar or just cleaning up old files to 'get to' later on. Look at our videos on collections.
12) Which of the following statements is true about an answer? A) The plaintiff cannot claim damages once a default judgment is entered against the defendant. B) A default judgment establishes the plaintiff's liability. C) A defendant's answer can assert affirmative defenses. D) The defendant's answer is never revealed to the plaintiff. please tell me
So idk what’s goin on someone came to my fathers house looking for me I haven’t lived there in 8 plus years.. they had a envelope in their hand my sister told me.. my sister said she yelled said I didn’t live their n slammed the door.. what do I do to find out what’s goin on n who’s tryin to serve me.. it can’t be a divorce me and my wife are together.. it can’t be child support I only have 2 little daughters.. what can it be what do I do.?
I been going crazy watching things on youtube and I found this video you made, seen the comments took my shot to ask.. sorry n thanks for your time please help me lol
Hi Xavier- in most places the court has an online index of cases filed- you can look on there and search by your name. Someone looking for you doesn't necessarily mean it is for a 'bad' reason. If you were a witness to an accident it could be a subpoena for you to testify in court or a deposition- it could be an invitation for a school reunion-
I was in a automobile accident and the person who hit me only has $15,000 dollars of coverage. I have had 3 disk fused in my neck and lost wages and pain and suffering. Can I sue this person for the over $100,00 thousand dollars worth of medical bills? Thanks
Hi @La contact an attorney in your area that someone knows- does not matter what kind- divorce, criminal, civil- any lawyer that someone actually has used and knows. Then contact that person and ask them for 3 names for personal injury attorneys and call them. They take cases on contingencies- they finance it. Best of luck!
Hi what if you don't have a bank account but a prepaid account that gets a direct deposit. Can they seize that account? I heard that it's very hard for them to seize prepaid accounts.
Suppose someone actually got a court judgment against them. Does the statute of limitations still apply? And if the credit debt is no longer on someone's credit score, is that person home free?
HI @Screaming The statute of limitations is the time a case can be brought and after that time expires a person cannot be sued. Once a judgment is taken that also only 'lasts' for a specific time period. Some credit reporting agencies keep judgment listed on a credit report for their own time frame which does not always match the time that the judgment is 'alive'. We will do a video on this- thank you for the question.
Hi @fun3me2 the garnishment must be served where the person or entity is located. If the employer does not have any presence in a state which allows garnishment then the wages cannot be attached from the employer. If garnishment is a remedy where you live then all nonexempt property you own would be subject to attachment or garnishment subject to legal limits. They would garnish your bank accounts, for example.
@@FinelyRevealed corporate and payroll offices are out of Pennsylvania but there is regular offices in my state of Florida I spoke with the corporate in Pennsylvania and they said they reject all creditor wage garnishments per state law I found out that judgement creditor sent writ to one of the Florida offices but they forwarded it to the one in PA . Thanks for responding 🙂
What if I was attacked by tenants that I live in a mobile home park I've lived here 16 years the tenants in the back blocked me in I was trying to get out the girl got out of her car sorry cussing me out the boyfriend said he was going to shoot my spotlights out shoot my cameras and shoot me so I backed back into my driveway I called the police and as I was waiting for the police the girl and the guy kept telling me to get out of the van so he could beat my blank but said I'm not getting out of my van so you can beat me like you beat your girlfriend next thing I know the girlfriend runs up and spits in my face the police finally get there I tell them what happened they did nothing to them told me to stay in my yard they'll stay in their yard next day I get a knock on my door I have a 5-day vacate there's no way I could have got out of here in 5 days I've lived here 16 years now I got served with papers saying that I have to go to court and I guess say what happened and let the judge decide the girls should have been arrested and the man should have been arrested I spoke to an officer in a different town they told me if it would happen here they both would went to jail meanwhile I'm being evicted so what do I say in court and I have major surgery coming up I'm going to take those papers and I can't have it yet because my iron is very low have to get my iron up take an iron twice a day with a Flintstone with iron I need to ask for more time and I don't think I should be evicted everything that's on the lease the tenant in the back the new tenant has broken the 5-day vacate said that I was harassing neighbors and disturbing the peace how is that that I'm disturbing the peace because I get spit in my face I used to be girlfriends with my landlord's daughter I moved here to Louisiana from Miami and we were together 5 years and we broke up ever since then I've been going through pure hell by harassment by my landlord and the daughter screaming across the street at me saying I've seen things they have been attacking me for many years I've been here 16 years they don't like it when I call the police will I have to call the police because my life was threatened and this isn't the first time this has happened so how do I solve this problem where I don't have to be evicted what's the proper words words are using Court
I stopped getting mail it was sent to address they said they tried every means but the day of court I didn't know because that's what they wanted they got there favor in the judgment next day they knew address
What do you do when a collection send you an entry of default/entry of default judgment but you answered the summons within 30 days and have the certified receipt from USPS with tracking?
We categorized as default in defense..yet we have motion to dismiss..in time frame duration...but due to restriction on pandemics....our laywer can't attend on pre trial process..but still the judge did not have answer to our Motion
Tell them they are a third party interloper and you have NO CONTRACT with them. A collections agency "purchases" your debt which means they paid for it so they essentially paid off you debt and you owe them nothing because there is no contract. STAND IN YOUR TUTH. Everything the courts do is not law, it's fraud and illegal. IT IS ALL COMMERCE.
I’m gonna get what’s belongs to me now lol I lost my foot and I got hurt at work. I just want what’s mine what’s owe to me. Right. Not a penny more or less.
How about hypothetically if a person moved and was served by publication nd they served you by publication? Would that be difficult to remove or vacate? Just curious for my own education and entertainment
Yes you can work out a payment plan usually or if you have the full amount can pay it. Make sure a satisfaction of judgment is filed when payment is made so that this will show if anyone checks and you will not be hounded for payment later on.
Hi @Noah - If wages can be garnished then it depends on where the judgment was entered (what state/what court) and where the employer who pays the wages is located - in the same place/state or a different one. Once the judgment is filed in it can be immediately in some places and in others as long as 30 days afterward.
Is it me or does emotions for some of your judgment sound a little unconstitutional as a constitutional as it completely disregards your constitutionally secured and protected right to jury trial.... I'm starting to get the feeling that this lady including the whole legal structure that she operates in a total sham and act as nothing more than abuse on the people.
It’s never that simple you’re talking court costs attorneys fees and filing fees you obviously don’t know how the law works so an attorney will charge you more than the judgement against you. Just own up and pay it
Oh my god that intro was epic
That was scary
Scary 😳
😂true😂
😂😂😂
It’s my favorite, spoiler alert she uses her feet to spin chair around.
Thank you so much for this video....we are from north carolina and my mom just got a letter that she has recieved a default judgment on a defimation suit against her (that they have kicked down the road for over 2 years) and she never recieved any information telling her when the court date was. The worst part is she is completely innocent and the lawsuit is obviously retaliatory and frivolous and should be easily proven as such, so she had absolutely ZERO reason to purposely miss court. Missing court was literally the only way anyone looking at it with any objectivity whatsoever would have ruled against her, it should have and most likely would have been dismissed....it almost seems like the other persons lawyer (my mom no longer has one because unfortunately could not afford hers any longer....she doesnt make much money as it is and they already had charched her over 10k in retainers to that point and we had not even seen the first day in court yet...this was all for emails and fax and paperwork, we only even met with them three times for an hour each to talk about the case but they mostly only talked about how much money my mom made and how much her house was worth and if it was paid for...the only thing they had done of any real value yet was the deposition) so the other persons lawyer knows she is unrepresented and im afraid he used some dirty trick or used covid to get an open ended court date (we kept recieving letters over the years that once covid passed that the courts would be processing more cases and would finally get a date together) and then used legal kung fu to sneak a court date past my mom somehow without her getting notified, if thats even possible...sorry if that doesnt make much sense i hope you could follow me lol...im just trying to reach out anywhere i can to get some help for her...this video was a great start.
You're good to help your mom. Yes, covid was used to move a slow system into a crawl. Notice should have gone by email or regular mail. The faster she can she should get into court to ask for that to be set aside. Your best help would be to help her hire a new attorney to do this or help her go back to the old one who was paid.
I love the desk plant! Thank you for your channel and helping us out.
So I found out my mailman was signing for my packages and they never got delivered and he admitted it to his bosses. I have 2 default judgements and one that was about to default. How do I sue the post office?
You are so welcome!
Claims against public entities usually require a notice of claim to be sent in advance. Find an attorney in your area to help you.
As rediculious as this may sound I: filed bankruptcy back in 07 and the loans were properly discharge via counsel.i found out in 2013 that the bank did not complete the foreclosure process and that I was still liable for the property. At the advice of counsel l gained access to the property,changed the locks and had been harassed by the goons hired(unofficaly) by the bank.The bank finally foreclosed on the property in 2018 and sold it(note I walked away with nothing as I expected.) I did hire another attorney to protect me through these proceedings and I thought that was it. Then just in 2020 I found out that they had a judgement that apparently they got the"ok" for. I wasn't served any paperwork and had no idea that this even took place.How can a bank sue you on a loan that was already discharged in bankruptcy court after they foreclosed on the property and sold it? All this was done without any paperwork or notification of any kind.
HI @Draw Please make an appointment with your bankruptcy attorney asap to make sure everything is as you say. Once you have been discharged any further collection action is sanctionable and the Judge will order them to pay you damages.
@@FinelyRevealed thank you soooo much
You have a subscriber in me,thanks again😀.
The chair turn at the beginning....adorable
What if you never got served and never new you were being sued?
And court happens without you? Do you just get served or notified in anyway outside of the first served? How much is a "default judgment" cost? And what is the time limit to defend yourself?
What are legitimate reasons for defense against the default judgment?
The service return filed with the court will show how they say the papers were delivered.
@@FinelyRevealed what if it was posted on door
What happens if the court is asking the lawer for an affidavit within 60 days and didn't comply do I still have respond and answer
The best chair spin in the game.
What happens when the homeowner wasn't served, she was in her final 2 years of life at a senior center. She could not go to court, we went for her, court would not hear on Forclosure Judgement. Second service Forclosure Judgement Hoa association dues was on me 2020 after she passed, she can't testify.
Colorado
Hi V - any case would now be a claim against the Estate of the person who died and/or against the property. The estate attorney will know what to do. So sorry for your loss.
@@FinelyRevealed There is no estate attorney, I could not afford an attorney to defend against Hoa. Can dead man's law, hearsay apply because she's passed and I can't answer. Also can I use ?FDPCA also Time bar of Statute of Limitations passed and Hoa never got settlement, never followed CCIOA CO Laws? Still dealing with Probate, this Civil case..
I am a Pro Se litigant, I served the attorney, as requested, and he did not respond within thirty days. He responded 5 days late. An affidavit of service was submitted and then I filed a default judgment along with other required documents. What motions can he file to contest my default judgment? thanks
ruclips.net/video/FzO_loX_Xko/видео.html This video covers how a default can be addressed.
Debt collector keeps postponing court hearing and I keep showing up eveytime. This would be my 3rd time, I have court Thursday. They are 3 hours away from our court hearing. Do you think they will show up?
You could check the court docket to see if they have filed another continuance request.
Hello! I have a default judgment against me but the 7 years time limit on the debt has passed, can I fight the judgment do to the age of the debt?
If a judgment has expired then there is nothing to be done- it is unenforceable. If it still shows on a credit report you can contact the credit bureau and have it removed from your report.
What if u never notified or served?
It is a good idea to check the official record- so that you know the basis on which they moved ahead to judgment. Sometimes family members or roommates etc take papers and forget. That would be good service and you don't want to ignore it past relevant deadlines.
Very well explained. do you have one on presentment of purposed order of default
Hi @tuggie How a default judgment is entered is based upon the rules of each court. Will do a video on this.
I have judgement entered against me, debt collectors took advantage of me since I was clueless about the law, I offered to do $100 a month payment but they still said they were gonna do a default judgement because they didn't like what I was offering, I never got a court date or anything stating a judgment being filed months ago, but now I got papers from them saying I got a judgement entered against me which shows on the court filings.
Along with this I got subpoena papers and says to fill out it with bank info and assets etc, On the court filings it doesn't state anything about a subpoena being filed, this subpoena is to be returned to the debt collectors. can file motion to vacate the judgment and what about the supeona?
Can you just call them and negotiate payment options at this point, or is it too late for that?
You can do that at any time.
Thank you for this video. I have a question: if a defendant refuses service and his lawyer later admits in writing having seen the complaint and tells the plaintiff why he is going to lose, is this constructive service?
Thank you for the information,I have a ?, if u want to pay a judgement what is the first thing u do ? And do u have a video on that subject.
Contact the attorney for the creditor or the creditor directly and make an offer. Do not give them access to your bank account and get any agreements in writing. Will make another video. Thank you for the question .
Thank u
? WHAT IF U AND THE CREDITORS CAN'T COME TO A SETTLEMENT AMOUNT? WHAT CAN YOU DO 2 REACH A SETTLEMENT WITH THEM.
What's the deadline if a default of judgement of divorce was entered? Do the defendant have to respond by a certain time before court date?
Hi @Apryl Each court is different- some have short deadlines to make corrections or set aside judgments and others are longer. The initial papers would have the deadlines to answer. Look on the summons to check that - it will state how much time you have to file an answer. If a default was already entered then you need an attorney to check the time you have to set that aside. Good luck!
Thank you for responding. 🙂
If you receive the judgment in a small claims court, how much is your total judgment? I put it on the Court paper, that I wanted 15,000.
The judge did $1108 for my judgement. Is that wrong or right?
A judgment is entered based upon the evidence. If the evidence supports a different number than what was put in the judgment, then there might have been a mistake that can be corrected.
@@FinelyRevealed can you help me?
Are you familiar with buying options on judgements?
If the default judgement is won by the Paintiff what can they collect on If the defendant only source of income is SSI?
We have another video that explains nonexempt property. check the playlist for this video for more.
I need help this happened to me on a property and I was renting I got behind what if I pay the landlord in full what happens next??????
If you pay in full before judgment is entered- it should be dismissed. If you pay after then it should be marked satisfied. This is for the money part- it is up to the landlord and you both to agree for you to stay.
Claim common law jurisdiction. Do not consent. Non judicial judgments are void. File demand to dismiss void judgment Nisi Prius
I'm not keen on these terms, but what of judicial notice of motion for default for a foreclosure? The hearing is without oral argument. What can we do?
@@LittleQween65 I don't know anything about foreclosures but I can tell you oral arguments are to talk about the paperwork that has been filed into the case.
Hi
How to respond to default judgement or answer out of time...a judgement was discovered by calling court house, needing quidance in Alabama/ for California...
All I know from watching this video is I would not want to piss this woman off.
Is not showing up because you put it in your calendar wrong a reason to grant this application?
The lawyer for my defendant didn't show up and I was awarded judgement. He Called me 2 days later leaving a voice-mail saying he mis-calendarized it and will be filing an application to set aside.
I did not motion for a default. I was asked to plead my case after 10-15 minutes passed to allow defense to call in, they did not and I was awarded the amount.
As far I'm concerned, it was his responsibility to show up after being notified of the date and time for court.
People make mistakes and there are *sometimes ways to ask the Court to go back and look at something again. For a default judgment they would ask for it to be set aside. In this video beginning at 2:57 that is covered- they need a reason it was missed and a legal defense to the claim. You will be notified of the filing and you can respond and then there should be a hearing.
What happens if you won by default judgement and now the defendant argues that they never received notice of court, but they were served? Thank you
If a Motion is filed in court then you would file a response and the Court would decide. A judgment stands unless it is set aside or appealed. It becomes final after those deadlines pass.
Sunday I was served papers what the first thing to do today it monday
Read the papers, note any deadlines, gather your information and contact an attorney to help you.
Filed fl360 after taxes were taken and while fighting that case another county opened a case and started to use this case . Motion granted because we had the kids but the other county followed the older order not the one that is in the court file . The case was then transfered to the other county . During the complaint process we learned that the sub service was at parents home where we did not live. Two more important incidents of changing my mailing address they lost my rfo to modify and scheduled the court date denied my modification and consolidated the cases . Sent the order to parents address again 3 months after court .
can you elaborate
how to correct judgment from state agency?
A judgment can be corrected by the person or entity making it either on their own accord by noting a mistake or upon request made within a certain amount of time based upon the rules of the agency or court.
I have a 12 year old non student loan debt that I’ve not been served for a they just sent me a garnishment letter. Like that the court approved it. What do I do to stop this bs?
HI Alaska. A garnishment only comes into play after a judgment is entered.
Explained very well thank u , you are an asset to the Public
Thanks Anthony, trying to help where I can.
I have a old 12 year judgement agents me a lien was file agnates my home after 12 years of judgment what can i do?
Hi LIa - Contact your title insurance company that insured your title when you bought it and/or contact a property attorney.
Rental agreement .that case dismissed but the starting out to be unlimited civil I fought but after I moved and relieved mail at my mailing address and attorney acknowledged knowing new address i attended the two case management then I get that they requested a dismissal on the now limited to they denied because the planting missed the ?if my fees as the defendant were wavived
How long does a creditor has to garnish wages once a judgment is filed against you? Is there statue of
Limitations?
Yes, Unique there is a time limit when a judgment is enforceable, the time varies by state and can often be extended.
The lawyer told me only people without lawyers appear. Is this correct
Hi Randy - Each court has its own rules so go by what your lawyer tells you. Unless proceedings are closed (such as juvenile matters) anyone may watch a court proceeding and if you want to attend hearings in your case you are free to do so but not always required.
What is a overturn eviction appeal
Hi Jesus - that sounds like someone who was ordered to be evicted and wants to appeal to have that changed. An attorney in the area would be the best person to help with this. There are lots of rules and time limits involved.
Hello what if i was never serviced? I recently got a letter after the fact? The letter was mailed..
HI @Mark - please seek the help of an attorney.
@@FinelyRevealed thank you
If I’m currently paying on a debt and the defendant is still taking me to court to try and get a default judgment. Is that possible for the judge to award a default judgment when I’m paying on the debt.
Hi @GodisLove The default judgment can be asked for when there is no filing made in response to the lawsuit. Please make sure you notify the court if you wish to contest the case.
Can they put a lien on a vehicle being financed?
How about credit? Does judgement affect the defendants credit?
Hi @janjoy Yes, most definitely. It is public record and so will impact credit reports and scores and ability to borrow money. This video was only dealing with what to do about the judgment- will do another on the impact. Thank you for the question.
I’m finding it difficult to get clarity on this example. . I was packing my car to head out of town. Guy walks across my yard with large envelope. He says are u Tom jones? I said no. he said ur not Tom jones? I said no. Never heard of him. He says well u look a lot like him. His hand was extended w envelope as he’s talking. Since he’s using wrong name, I didn’t take them. He drops at my feet on concrete. There is nothing written on envelope. I 100% didn’t think it was for me , that he made a mistake. I could not think of anything y would be served . I immediately did a recording and sent to a mass of people on what should I do. Everyone that responded said don’t touch. Which was my inclination. I leave , assuming he would be back to get them. I come back 10 days later. Still on pavement. I pick up and they were for me. My ex and I was gonna do mediation for custody and someone convinced her to file in court. I called opposing party attorney and asked if anything could be refiled so I had complete 30 days to get response in. She said no. And we have u on video accepting. I said no u don’t. The judge did a default judgement saying I failed to respond in time. Which again is not true. . I had no idea there was a default judgment. I hired an attorney that got disbarred . I lost 18 months due to that.
Was I served? Since he never identified me by name , nor was it written down. If I knew what it was I would have happily grabbed . My daughter is all I have. And she was stolen
That is called service by refusal. Any default judgment would need to be asked to be set aside or appealed.
I received a citation to asset discovery for 250,000 default judgement on Octiber 4th. I've never met these people. I did get in an argument on the telephone when the owner of a rescue shelter tried to force me to return my dog. I had a paid receipt. How do I keep my home? I'm 66. I'm on social security. My house has a mortgage balance of 110,000. My home is worth 200,000. Maybe. I owe 40,000 in unsecured debt. Any suggestion would help
I’m the plantiff and the Debitor didn’t show up to court ..I filed the paper work in the failed to pay paperwork now the judge issued a bench warrant and I went to filed all the paper work to finalize the bench warrant so what happened next?
If a bench warrant was issued then the person will be arrested and a hearing on that will be set- ask the clerk for that date.
@@FinelyRevealed that’s not true they weren’t arrested they just got a warning .. confirmed by the officer.
So do you file a motion to set aside judge?
Yes @Dante - and there are time limits and conditions that must be met & asserted based upon the law where the judgment was entered.
@@FinelyRevealed IRAC
If you file a claim of exemption and it goes through, is that it? Is the judgement gone now? Or are there other steps to get the judgement cleared?
It depends on the procedures and law where the case was filed. If this was an exemption as to a particular attempt to collect or whether it applied to the person/entity the judgment was entered against. Look at the papers to begin as it may say.
From Texas, Bank Account was frozen. Thinking fraud somehow. Then received a certified letter "Protected property claim form" . I DO NOT own my home or vehicle. Don't really OWN anything. My wages are workers compensation (DOL). I have a pet, they have not taken him. So my question do I give a value on my pet? And other items like food, clothes, furniture? Please!!!! This form seems simple but I'm so confused as what they are asking.
Hello I live in Texas. Can I declare bankruptcy and keep my construction equipment that is being financed?
Which state is this information in regards to? I'm in California.
When do the judgement expire..can they come for homestead property?
HI @Vishal see if this helps ruclips.net/video/WajUD1ZiA1M/видео.html
HI @Vishal here is one link to another vid on exempt property ruclips.net/video/GVeu4jjw2dI/видео.html and I will post below on expired judgments in a separate comment.
I live in Canada and I can not find any one to help me. Thanks for your time. I feel so suicidal because my ex is filing default judgment s against me with out me knowing. I just found out from land title office. I was never given the opportunity to defend my self.
Hi @KK It's all manageable- contact your divorce attorney and get a referral to another attorney who can help you get it sorted out.
@@FinelyRevealed Thank you for your response. I am sorry for all the spelling errors. When I wrote it I was in tears. You still took the time to read it. Your a very good human. Warm regards. Thank you for seeing me.
Hope everything worked out for you, and things are better now!
I have no money..we aren't even getting these stimuluses or gotten any tax money back tax time. If they take money out of account we will end up on streets. What can I do?
If there is no money then there is nothing for them to take. They usually won't try a second time.
Hi, I have a judgment entered against me in FL in 2013 and I have not lived there since 2010 and I never received documents until after the default was entered. And I live in GA. Is that legal? They sent paperwork to my job in 2017 but my job didn’t allow them to proceed with it.
Hi @MJ Sounds like bad service and the court therefore did not have jurisdiction. I will make a new video- meanwhile get copies of the paperwork- much of it can be found online. Contact an attorney where you live now to learn the specifics of what you can do there & more importantly, what type of notice is required for a judgment to 'follow' you there.
Any advise on my landlord suing me and my 3 minor kids and evicting us plus her son is taking me to court who happens to be my ex alcoholic husband:(
I’m 68 on a pension and SS disability . I owe 50,000 in unsecured debt. I can’t pay it back. I was told they cannot hold my bank account . Is this true in Texas?
Hi @Paul Social security payments are exempt- you are correct. That is federal and not state-dependent.
If a default judgment is entered on my behalf (the plaintiff), can I still collect the damages I was seeking?
Hi Anti - a default judgment means you win what you asked for in the petition or complaint. If you didn't state a specific amount then a hearing is needed to establish the amount. Hope that helps.
So i recieved a letter from lawyers who were persistent at bringing back a credit card bill a judge was going to let go because they waited too long credit company and this law firm appealed to bring it back. So now after some paper work was sent to me in a 2 to 3 year span I dont recall them asking for an answer unless I read any of it wrong but now theyre saying since I didn't answer theyre moving to make motion for default judgement of that bill plus court fees which I do not have any way to pay. I'm not working been out of work since 2018 and going to apply for disability. Any ideas how I should respond to any of this? I'd be grateful for any advice thanks.
HI @Mitchell please get an attorney to help you. Legal aid is a group in every location that can help so long as you are not trying to get any money- just defend yourself. You need to respond to what was filed- even if you have to do it yourself to let them know you are not ignoring this. The best way is before a judgment is entered. If the judgment was entered but the claim was 'stale' or you have some other legit defense then that is a basis to get it over turned. Best of luck!
@@FinelyRevealed thank you for the reply basicly I have no defense. The bill was rightly owed however the credit card company waited too long and the judge wasnt seeking to pursue it until a multiple lawyer law firm moved in and persisted it be brought back. However truthfully the bill was ran up by my parents then thrown to the side sticking me with it. It was my fault allowing my mother to keep the card though as she was the bill payer and grocery shopper of the house. Anyway I plan to respond after I apply for disability next week. Anyway I appreciate your reply.
Best of luck @Mitchell
What do i do when someone is filing a false statement of judgement balance remaining?
How do i prove the “debt” has been paid?
HI @Eric Sounds like you should get an attorney to assist. Each court has different procedures. Get copies of everything filed in the court and all of your receipts, cancelled checks etc that show payments.
@@FinelyRevealed Thank you got the response. I’ve been calling attorneys for over 2yrs in my area and none will take the case.
Awesome spin opening
I got a notice of renewal of judgment from capital one bank I owe them 4k from 10 years ago they garnish my bank account ones for $ 700 back then. What should I do ? I don't own a house I rent, I don't put money into my bank account I use it only to pay bills. What should I do?
Hi Marvin. They are probably trying to bundle it to sell to a collection agent for pennies on the dollar or just cleaning up old files to 'get to' later on. Look at our videos on collections.
12) Which of the following statements is true about an answer?
A) The plaintiff cannot claim damages once a default judgment is entered against the defendant.
B) A default judgment establishes the plaintiff's liability.
C) A defendant's answer can assert affirmative defenses.
D) The defendant's answer is never revealed to the plaintiff.
please tell me
So idk what’s goin on someone came to my fathers house looking for me I haven’t lived there in 8 plus years.. they had a envelope in their hand my sister told me.. my sister said she yelled said I didn’t live their n slammed the door.. what do I do to find out what’s goin on n who’s tryin to serve me.. it can’t be a divorce me and my wife are together.. it can’t be child support I only have 2 little daughters.. what can it be what do I do.?
I been going crazy watching things on youtube and I found this video you made, seen the comments took my shot to ask.. sorry n thanks for your time please help me lol
Hi Xavier- in most places the court has an online index of cases filed- you can look on there and search by your name. Someone looking for you doesn't necessarily mean it is for a 'bad' reason. If you were a witness to an accident it could be a subpoena for you to testify in court or a deposition- it could be an invitation for a school reunion-
Who do you call?
Check online or call the court clerk.
I was in a automobile accident and the person who hit me only has $15,000 dollars of coverage. I have had 3 disk fused in my neck and lost wages and pain and suffering. Can I sue this person for the over $100,00 thousand dollars worth of medical bills? Thanks
Hi @La contact an attorney in your area that someone knows- does not matter what kind- divorce, criminal, civil- any lawyer that someone actually has used and knows. Then contact that person and ask them for 3 names for personal injury attorneys and call them. They take cases on contingencies- they finance it. Best of luck!
@@FinelyRevealed Thanks for the help!
Hi what if you don't have a bank account but a prepaid account that gets a direct deposit. Can they seize that account? I heard that it's very hard for them to seize prepaid accounts.
Suppose someone actually got a court judgment against them. Does the statute of limitations still apply? And if the credit debt is no longer on someone's credit score, is that person home free?
HI @Screaming The statute of limitations is the time a case can be brought and after that time expires a person cannot be sued. Once a judgment is taken that also only 'lasts' for a specific time period. Some credit reporting agencies keep judgment listed on a credit report for their own time frame which does not always match the time that the judgment is 'alive'. We will do a video on this- thank you for the question.
@@FinelyRevealed Did u ever do that video? I am looking for it and do not see it
If I live in a garnishment state but my employer is in a non wage garnishment state can a judgement creditor still try to garnish my wages
Hi @fun3me2 the garnishment must be served where the person or entity is located. If the employer does not have any presence in a state which allows garnishment then the wages cannot be attached from the employer. If garnishment is a remedy where you live then all nonexempt property you own would be subject to attachment or garnishment subject to legal limits. They would garnish your bank accounts, for example.
@@FinelyRevealed corporate and payroll offices are out of Pennsylvania but there is regular offices in my state of Florida I spoke with the corporate in Pennsylvania and they said they reject all creditor wage garnishments per state law I found out that judgement creditor sent writ to one of the Florida offices but they forwarded it to the one in PA . Thanks for responding 🙂
What if I was attacked by tenants that I live in a mobile home park I've lived here 16 years the tenants in the back blocked me in I was trying to get out the girl got out of her car sorry cussing me out the boyfriend said he was going to shoot my spotlights out shoot my cameras and shoot me so I backed back into my driveway I called the police and as I was waiting for the police the girl and the guy kept telling me to get out of the van so he could beat my blank but said I'm not getting out of my van so you can beat me like you beat your girlfriend next thing I know the girlfriend runs up and spits in my face the police finally get there I tell them what happened they did nothing to them told me to stay in my yard they'll stay in their yard next day I get a knock on my door I have a 5-day vacate there's no way I could have got out of here in 5 days I've lived here 16 years now I got served with papers saying that I have to go to court and I guess say what happened and let the judge decide the girls should have been arrested and the man should have been arrested I spoke to an officer in a different town they told me if it would happen here they both would went to jail meanwhile I'm being evicted so what do I say in court and I have major surgery coming up I'm going to take those papers and I can't have it yet because my iron is very low have to get my iron up take an iron twice a day with a Flintstone with iron I need to ask for more time and I don't think I should be evicted everything that's on the lease the tenant in the back the new tenant has broken the 5-day vacate said that I was harassing neighbors and disturbing the peace how is that that I'm disturbing the peace because I get spit in my face I used to be girlfriends with my landlord's daughter I moved here to Louisiana from Miami and we were together 5 years and we broke up ever since then I've been going through pure hell by harassment by my landlord and the daughter screaming across the street at me saying I've seen things they have been attacking me for many years I've been here 16 years they don't like it when I call the police will I have to call the police because my life was threatened and this isn't the first time this has happened so how do I solve this problem where I don't have to be evicted what's the proper words words are using Court
Reach out nutshellforce_ on IG he’d help you
What is a council
When I refer to 'counsel' I mean an attorney, a lawyer, legal counsel.
What is a valid defence exactly?
HI @Charlotte Thank you for this question- will do a separate video.
@@FinelyRevealed Excellent. ThankYou for your reply. Will you do it sooner rather than later I hope?
I have a judgement against me can I trade my vehicle in ? I’m from Texas
Judgments do not attach as liens on cars without a special proceeding so you would know if that happened.
I stopped getting mail it was sent to address they said they tried every means but the day of court I didn't know because that's what they wanted they got there favor in the judgment next day they knew address
What do you do when a collection send you an entry of default/entry of default judgment but you answered the summons within 30 days and have the certified receipt from USPS with tracking?
Hi @LTmortn Please seek counsel as deadlines run from each activity.
We categorized as default in defense..yet we have motion to dismiss..in time frame duration...but due to restriction on pandemics....our laywer can't attend on pre trial process..but still the judge did not have answer to our Motion
Tell them they are a third party interloper and you have NO CONTRACT with them. A collections agency "purchases" your debt which means they paid for it so they essentially paid off you debt and you owe them nothing because there is no contract. STAND IN YOUR TUTH. Everything the courts do is not law, it's fraud and illegal. IT IS ALL COMMERCE.
Thank you 🙏!
You are so welcome
What if you had a lawyer on record
I’m gonna get what’s belongs to me now lol I lost my foot and I got hurt at work. I just want what’s mine what’s owe to me. Right. Not a penny more or less.
You lost your foot at work? Have you contacted an attorney? I have a great attorney helping me fight a previous employer.
What if you never received any papers!
Most courts allow you to search the records at the courthouse on a computer or remotely online-
nice plant
How about hypothetically if a person moved and was served by publication nd they served you by publication?
Would that be difficult to remove or vacate? Just curious for my own education and entertainment
HI @Dave- service by publication cannot be used to get a money judgment against someone. Will do another video on that- thank you so much
Can I pay them instead of them garnishing my wages
Yes you can work out a payment plan usually or if you have the full amount can pay it. Make sure a satisfaction of judgment is filed when payment is made so that this will show if anyone checks and you will not be hounded for payment later on.
Thank you
Can you help me? I'm in Texas
What to have some fun in court got a great case check it out want help would be very nice could share Judgement
Being sued by a big trucking company for repossessed truck
How long does it take before they garnish your wages?
Hi @Noah - If wages can be garnished then it depends on where the judgment was entered (what state/what court) and where the employer who pays the wages is located - in the same place/state or a different one. Once the judgment is filed in it can be immediately in some places and in others as long as 30 days afterward.
Thank you.
They have no authority or jurisdiction
Is it me or does emotions for some of your judgment sound a little unconstitutional as a constitutional as it completely disregards your constitutionally secured and protected right to jury trial.... I'm starting to get the feeling that this lady including the whole legal structure that she operates in a total sham and act as nothing more than abuse on the people.
its YOU
@@america1403 your right the judicial system is honest....
Man shut up
Perfect, Delaware.
BUT CS JUDGES ARE NOT JUDGES IWO WAS NEVER SIGNED BY CLERK OF COURT
The plant look like weed!!
Corporate shampoo device black Dutchmen
Supper
Absolutely Beautiful woman!!❤
Not helpful
File chapter 7.
It’s never that simple you’re talking court costs attorneys fees and filing fees you obviously don’t know how the law works so an attorney will charge you more than the judgement against you. Just own up and pay it
@@crazyudown1317 i just paid 3k to wipe out 18k in debt. Worked for me!