Judgement?

[roberto1959]

My friend had a judgement discharged in a bk but he didnt file motion to vacate, can this come back to bite him?

[tobee43]

I changed my number months ago and some how captiol one called me today. Not sure how they got my cell phone number! I answered since it was a local number and i had gotten a call from that number earlier. It was a debt collector from Captiol One who at first who gave me a hard time about who she was, tried to set up payment plans, then tried asking me questions if I have any notes, bank accounts etc..

i don't know who you have for cell phone service, but we were able to "block" numbers on our cell phones with verizon....if you don't have your account on line, you can call customer service and give them the list of numbers up to 5. you have to "renew" the blocks every 90 days. so if you don't have verizon, maybe your provider has something similar?

[StEt0417]

Oh and the lady stated she was a debt collector, the account was in pre-litigation, she said it meets all the terms for me being sued. UGH now i gotta deal with them calling me again. It was nice when I changed my number and i stopped receiving collection calls. I wonder if this is a good time to stop direct deposit of my husbands paychecks in our accounts or am Im worrying to much

[StEt0417]

I changed my number months ago and some how captiol one called me today. Not sure how they got my cell phone number! I answered since it was a local number and i had gotten a call from that number earlier. It was a debt collector from Captiol One who at first who gave me a hard time about who she was, tried to set up payment plans, then tried asking me questions if I have any notes, bank accounts etc..

[tobee43]

Yes we will be filing jointly. The lein is in my name, they had the contract with me. It does say the property is owned by both my husband and I. If Capitol one sues, me it will only be in my name as well. The other c.c. are in my husbands name and we just completely defaulted on those this month so im sure we have time on those.

well, i can only tell you about my expereince...and BOTH were in my name and my husband is head of household...both judgments were vacated after discharge...even though they were in my name.

[StEt0417]

so you will be filing "jointly" with him as being head of household...and the lien is in what...both your names??

Yes we will be filing jointly. The lein is in my name, they had the contract with me. It does say the property is owned by both my husband and I. If Capitol one sues, me it will only be in my name as well. The other c.c. are in my husbands name and we just completely defaulted on those this month so im sure we have time on those.

[tobee43]

My understanding is that if the notification is also sent my regular mail and not returned, it is deemed received (at least in NJ)... so that strategy may not work.

oh yes indeed, i was involved in jury case, where, in this case, it was attempted to prove the plaintiff's where in fact served with certified mail receipts, when the efforts failed to produce the signed receipt, atty's for the defendants claimed and argued... well...the plaintiff were also notified via regular usa mail...the judge ruled (this is in nj during a civil suit), that it was the assumption of the court that because the notice was sent via regular mail it and NOT returned, (nor proof of return), that it was found as "served"....ya gotta love jersey!!

[tobee43]

With the pest control, They sent me a letter via USPS which i never picked up about a month ago, then recently I got a letter from the pest company with a copy of the lien.

I have no doubt Capitol one will try to sue me. I dont work, my husband is the only one that does and is considered head of household

so you will be filing "jointly" with him as being head of household...and the lien is in what...both your names??

[StEt0417]

With the pest control, They sent me a letter via USPS which i never picked up about a month ago, then recently I got a letter from the pest company with a copy of the lien.

I have no doubt Capitol one will try to sue me. I dont work, my husband is the only one that does and is considered head of household

[tobee43]

For me, first they sent it via Certified Mail. I did not go get it. They waited about 30 days before they filed a motion to request service via regular mail. Once they did that, service was "perfected." As AngelinaCat said though, check your local rules. You can often find them on line too. I will fess-up - I work in a law firm and I have to do this all the time. If you do end up getting sued, you can go on line to the court where your case is filed and check the docket to see what stage they are at. It may help you to strategies when you plan to file or when you HAVE to file. In my case, I literally came down to the last hour - no joke. Best wishes to everyone here.

yes, we did as well get certified mail twice, once right before and then a follow up certified copy of the summons after being physical serviced. we had a 30 day time period to answer...actually yesterday i looked at one of the summons and if for some reason had the odd answering period as 32 days. our atty felt it best to just leave them go, but we could have attempted to stall, we decided best not to delay the inevitable ...at that point we knew we had a long waiting period in front of us prior to filing.

2 judgments were issued at one point for 2 of the creditors, then were vacated after discharge, it took MONTHS to get the order they have been vacated...and the one for our foreclosure we also never answered (as per our atty's advise) since we were leaving, the situation was moot.

[clevelandmom]

For me, first they sent it via Certified Mail. I did not go get it. They waited about 30 days before they filed a motion to request service via regular mail. Once they did that, service was "perfected." As AngelinaCat said though, check your local rules. You can often find them online too. I will fess-up - I work in a law firm and I have to do this all the time. If you do end up getting sued, you can go online to the court where your case is filed and check the docket to see what stage they are at. It may help you to strategize when you plan to file or when you HAVE to file. In my case, I literally came down to the last hour - no joke. Best wishes to everyone here.

[tobee43]

tobee43, I was not talking about Florida, I was talking about the United States as a whole. And we are talking about Civil Court, not Federal Bankruptcy Court.

Every state and district is a little bit different. Each State's laws are formed by that State's Statutes. Then the local laws and rules are promulgated from those State Statutes. This discussion is about a Civil process in someone's State. Bankruptcy is a Federal Court issue and is a separate issue.

Please do not just throw out comments to 'get your numbers up', as it is confusing to the posters trying to get accurate information.

If you wish to make a comment, please make sure that you have experienced it 'first hand', or have done thorough research into the matter.

Thank you.

with all due respect, i'm only speaking about my own personal and professional experiences with respect to summons. i was only referring to the summons we personally had served on us, which gave us 30 days for answering them. i never spoke about the entire united states, so i do apologize if that was misunderstood.

in nj the response time is 30 day for all civil cases...not federally, i have never been served with a federal summons. also the civil summons we rec'd in florida, it was also, in fact, 30 days to answer .maybe that is the district we are in. also, when rec'ing our foreclosure summons it was 30 days to answer.

additionally, my work in nj working for 13 years with civil atty's (although they handled amendment issues as well) firm, all summons required a 30 day answering period, so i was also drawing on that experience as well.

or did you think i never got served a civil summons, or didn't help prepare a summons? if you can clarify i would appreciate it.

i'm not understanding what you mean about numbers?? what does that mean? nor was i attempting to confuse anyone? i'm only speaking about facts that were experienced through real life experiences, that was my understanding about the mission of this forum.

hopefully this will clarify any confusion as to where i obtained that information. thank you

[keepsmiling]

Hi StEt,

One way you can buy yourself an extra 30 days is to NOT go pick up the certified letter when it's sent to you. It will tell you which municipal court you received a "letter" from, and you can go online to check the court's docket to see what the lawsuit is about. I have been sued TWICE - the first one I actually went and picked up right away, but I learned my lesson. Where I live (in Ohio), the AC (anti-christ) that sued me finally got good service on me after 2 months. After I received service, I had 28 days to answer, which I did not, and then the ac filed a Motion for Default Judgment. To give you an idea of the timeline, they sued me in early July, and just this past week they were finally going to get a garnishment against me, but I played the game of chicken with them and won because I filed BK on Monday. They did get a Judgment Lien, and put it against my house - which I have to take off before I am discharged and it will cost me $250.00. My husband got laid off and we had to wait a few months to dilute his income - that's why we waited to file. Best of luck to you - it sounds like you have PLENTY of time before you have to worry about them getting a judgment against you.

My understanding is that if the notification is also sent my regular mail and not returned, it is deemed received (at least in NJ)... so that strategy may not work.

[AngelinaCat]

Hi clevelandmom. That is a very good suggestion, because the Civil Court has to have proof that the subpoena has been properly served. It varies from state to state, district to district, etc.

Some courts require a signature that you have received the document. For others, sending to a postal address will do, which does not make a lot of sense because people will and do dodge service.

It depends upon what your local Civil Court requires. To the OP: Please go to your local courthouse Monday morning and get a copy of what your Civil Court Local Rules are. Or if you can download them onto your computer, that is even better. You may not have to pay the 'Public Records' fee.

Good luck to you!

Edit to add: In our case, the subpoena was mailed to us via our P O Box.

[clevelandmom]

Hi StEt,

One way you can buy yourself an extra 30 days is to NOT go pick up the certified letter when it's sent to you. It will tell you which municipal court you received a "letter" from, and you can go online to check the court's docket to see what the lawsuit is about. I have been sued TWICE - the first one I actually went and picked up right away, but I learned my lesson. Where I live (in Ohio), the AC (anti-christ) that sued me finally got good service on me after 2 months. After I received service, I had 28 days to answer, which I did not, and then the ac filed a Motion for Default Judgment. To give you an idea of the timeline, they sued me in early July, and just this past week they were finally going to get a garnishment against me, but I played the game of chicken with them and won because I filed BK on Monday. They did get a Judgment Lien, and put it against my house - which I have to take off before I am discharged and it will cost me $250.00. My husband got laid off and we had to wait a few months to dilute his income - that's why we waited to file. Best of luck to you - it sounds like you have PLENTY of time before you have to worry about them getting a judgment against you.