Judgment Granted on 10/4-how much time do i have??

[azviolet]

Help!
I have a lawyer representing me. Chase filed against me and the lawyer prepared a response. meantime i have been waiting to get a couple more paychecks before I file for BK. (my income has been reduced due to a medical condition).
I looked at the court website today and saw that Chase was granted a judgement against me on 10/4!!!! I was never contacted by my lawyer that Chase had filed for a summary judgement! (yes, there was a trial date set and he had told the Chase lawyers that I am filinf for BK).
In Arizona, how long do I have before they garnish my wages?????
I am IRATE that my lawyer NEVER even told me that the summary judgement had been filed!! I called him today and he said "oh yeah, they filed that 2 weeks ago" !!!!!!???
WHAT!!!???
When I asked why he had not contacted me, he tried to say he HAD and that we had discussed it!!!! OMG!!!!!

I have been screwed by my own lawyer!!!!!

Please let me know.. I am bringing my BK stuff to a different lawyer who can file within a week or two. but Do I have that long if the judgement was granted on the 4th??
HELP!!!

[daytona]

The Atty might think it was unnessary to spend funds and answer the SJ since he knew you would be filing soon and maybe he knows it will take past your upcoming BK filing for anything to happen...but he should have discussed this with you if this is the case.

If this "non response" is going to affct you thoough, I would tell the lawyer he had best talk with the judge to make things right (explaining his error) or you will be filing for sanctions against him with the State Bar.What a scumbag and what a mess. I mean you filed an answer so obviously you were contesting the suit, your lawyer should have answered the SJ at a minimum. (or discussed with you why he was advising that it not be answered!) Usually they will charge an additional fee for answering the SJ...

[jacko]

Get a pill! The garnishment is up to 25% of net pay: minus your tax withholdings and household member exemptions. If you are single and head of household, your first $1004 of net income is exempt from garnishment. That increases if you have additional family members.

Help!
I have a lawyer representing me. Chase filed against me and the lawyer prepared a response. meantime i have been waiting to get a couple more paychecks before I file for BK. (my income has been reduced due to a medical condition).
I looked at the court website today and saw that Chase was granted a judgement against me on 10/4!!!! I was never contacted by my lawyer that Chase had filed for a summary judgement! (yes, there was a trial date set and he had told the Chase lawyers that I am filinf for BK).
In Arizona, how long do I have before they garnish my wages?????
I am IRATE that my lawyer NEVER even told me that the summary judgement had been filed!! I called him today and he said "oh yeah, they filed that 2 weeks ago" !!!!!!???
WHAT!!!???
When I asked why he had not contacted me, he tried to say he HAD and that we had discussed it!!!! OMG!!!!!

I have been screwed by my own lawyer!!!!!

Please let me know.. I am bringing my BK stuff to a different lawyer who can file within a week or two. but Do I have that long if the judgement was granted on the 4th??
HELP!!!

[AngelinaCatHub]

The Atty might think it was unnessary to spend funds and answer the SJ since he knew you would be filing soon and maybe he knows it will take past your upcoming BK filing for anything to happen...but he should have discussed this with you if this is the case.

If this "non response" is going to affct you thoough, I would tell the lawyer he had best talk with the judge to make things right (explaining his error) or you will be filing for sanctions against him with the State Bar.What a scumbag and what a mess. I mean you filed an answer so obviously you were contesting the suit, your lawyer should have answered the SJ at a minimum. (or discussed with you why he was advising that it not be answered!) Usually they will charge an additional fee for answering the SJ...

Your situation is not serious since you are filing. You will have to pay a little more to get the Judgment set aside though. What I would be concerned with is nailing that lawyer to the wall. the quote is good advice and raise hell with that guy. He obviously lied to you. He did not keep you informed, and he did not bother to show on your behalf. Sanctions are appropriate and you could get all your money back in a sanction. You just might write a strong letter to this jerk and tell him you request your payment back for inadequate representation as well as incompetence and if he does not agree you will bring it before the Court and the bar. This gets a lawyers attention as the bar will act as a Court and you will be invited to a hearing for his disbarment, or at the least a bar license temporary suspension. 'Hub

[azviolet]

Thanks everyone for the quick responses. I think that once I have my BK filed, i will turn my attention towards dealing with the jerkoff lawyer that failed to represent me properly. I will prob write him a letter with dates and summaries of our conversations, and let him know that I am taking a complaint to the Bar. He treated me like I was a stupid idiot on the phone. I'm sorry, I realize that I am having financial problems, but I am not running away from them! I have a legitimate medical issue and by the way, I am intelligent and have held my own in life for 40 years!!! I dont deserve to be spoken to as if I were a brainless turd!!
PS- Jacko, I dont know if you meant to sound condescending with your comment "get a pill!", but I really did not appreciate it. This forum is for folks to help one another, not make comments like that. If I needed a pill, rest assured I would be taking one already and don't need anyone to tell me to go get one!

[tobee43]

if this will make you feel any better azviolet, we had an excellent atty...and we were served by chase. the firm said...it doesn't matter why spend money defending this when we will just have it removed after the bk....if it goes through.

actually...it never got to that, since we filed it but a stay on all pending actions. so chase got nothing. and our atty saved us some bucks on not having to have them answer the summons.

one thing i know though, it depends on where you live. i know in nj anyone can get a judgment without severing anyone, merely claiming they did proper notification. the courts just grant anyone the judgments. (they lie and say the person was served). no proof needed...but then again it's jersey we are talking about here.

worse scenario...if the judgment goes through...a motion to vacate will be entered after your bk is discharged. you're good to go.