How do I know if I have a default judgement against me?

[technoreid1]

How do I know if I have a default judgement against me? (Will I REALLY be notified, and by who?) Can I check at the court or online? Am I supposed to get something from the court if their is a judgement against me?

I recieved a summons and filed an answer within the 30 days....(filed my answer Oct 24th i think)

In the last few days I have heard so many horror stories from people who filed an "answer" to their summons/complaint and the CC company still got a wage garnishment or a bank levy/freeze!!! And they never got word about the judgement!!!

Can these creditors do anything "dirty" to get their money that is technically illegal?

thanks, techno

[howdidithappen]

That's what happened to me - what CC company?

[technoreid1]

Chase.

techno

That's what happened to me - what CC company?

[howdidithappen]

same here!

[jp2861]

If it was me I'd be checking in regularly with the court house. Don't give them any reasons to say you didn't show up.

[technoreid1]

sounds like a good idea!!!!


thanks, techno

If it was me I'd be checking in regularly with the court house. Don't give them any reasons to say you didn't show up.

[glc4122]

summons

i have a question about a judgement,correct me if im wrong first you get the summons, then you answer,then a court date is set you appear?

[treehugger1]

Technically, you get a summons first. That is correct. But there have been comments made on the boards that sometimes they come out of the blue. This shouldn't occur, however, it might be possible to get a same-state judgment against you where the summons never arrived at your door (or mail, depending on state laws). Once the judgment is in place, it is quite simple to get a bank and/or wage attachment.

As the other posted stated above, check with your courthouse on occasion and ask if any judgments have been filed against you. When I think I'm close to potentially having some phantom jusgment or lawsuit, i call the local district court every 7 - 10 days and ask them what they have under my name. This is not a bad idea. You can call me paranoid, but I sleep pretty well these days!

[treehugger1]

Here is how it could happen that a judgment comes against you. I suppose it is possible for an out-of-state creditor/CA to get a foreign judgment in another state without you being properly served for a suit or small claim. The judgment then gets "domesticated" in your state. But, I would think that the judgment eventually has to make it to your local court jurisdiction.

A bank attachment is perhaps easier to get after a judgment, as I don't think banks really give-a-sh*t. Wage garnishment usually requires employers to play by the rules.

It is always better to be proactive then to think in hindsight, "I should have done..."

If you are overly concerned about judgments and spending some time looking over your shoulder then put it all to rest by filing for BK. Otherwise, you do need to pay attention and look over your shoulder now and then to see who is gaining. Not paying your bills and working through a debt crisis is HARD work. Cheers.

Cheers.

[FreshLikeADaisy]

I have been wondering this exact same thing...

So basically, if someone wants to file a debt collection lawsuit they have to file against you in your own jurisdiction?

Hrmm. I've been wondering that, because when I lost my house in foreclosure I wasn't sure where I would end up so I never changed my address through the post office (only bills were coming there anyway so it was no huge loss and even though it maybe wasn't the wisest choice to make, I haven't seen any good reason to go back and tell everyone where I am living now. It's not the best choice to make because then they start calling all your relatives instead, like my elderly mother. But in the meantime, I don't have a mailbox stuffed with threats and dunning letters.

I am currently unemployed and asset-free (and they know it) which renders me temporarily judgement proof, but I have often wondered if someone hasn't already tried to sue and just couldn't serve me because of the address thing.

Thanks for all the good info!

----

Edit: After I wrote this, I went online and checked for North Carolina (where I used to live) and it turns out that amounts under $10,000 are indeed District Court, but anything *over* $10,000 and it belongs to Superior Court. So if you're in NC you'll want to check both courts or either, depending on the amount you owe, and for other states... better check your court's website and see which court has what. For NC, this is what I found:

"...the District Court Division is the proper division for cases involving amounts in controversy of $10,000 or less, and the Superior Court Division is proper for cases involving amounts in controversy over $10,000. Normally this $10,000 dividing line is followed, but if the parties consent for reasons of speed or convenience, cases may be filed and tried in the “improper” division. No case is ever “thrown out,” therefore, for lack of jurisdiction, although a case may be transferred to the proper division."

This was from http://www.nccourts.org/Citizens/Pub...cialSystem.pdf

I'm not sure if I'm allowed to post an URL as a newbie (please delete it if I'm out of line) but if you google something like "mecklenburg county nc district court" you'll end up at the right place.

Good info!!!!