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  1. #1
    Registered User mommy2many's Avatar
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    Default Does anyone know about Judgements?

    Can you have a judgement placed against you even if you don't get served court papers?

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    Registered User mommy2many's Avatar
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    Registered User SSGWilkesWife's Avatar
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    I think it is possible if they were unable to locate you. If papers were drawn up and maybe there wasnt a correct address, the plaintif can get a judgement after so many attempts and/or days.

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    cmu
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    A judgment was placed on me and DH after we moved to Michigan, because we didn't show up in court (they didn't have a forwarding address to send the paper work to...not that we'd have made the 20 hour drive for the hearing)
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    Registered User bridge's Avatar
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    They attempt to serve papers , but by my understanding if you are unreachable or do not show to court on the date given they automaticly have the tight to place the judgement.

    If you contact them and make arrangements with them, make sure to state you want the judgement completely removed.
    Bridge

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    Registered User catzz64's Avatar
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    I would contact the court too, I had a judgement a long time ago against me, and any time anything changed I contacted the court and they were able to waive payments for 6 months once, they can do a lot if you write in, don't be afraid to call the clerk of court either to ask questions...they can tell you what you need to do so they don't just go garnishing his pay, if you aren't able to meet the payment set.

    Now that there is a judgment tho, use the court and put EVERYTHING in writing! Keep copies of everything and use registered mail! (just a few mistakes I made and learned better from) If you do contact the creditor...make it in writing, not over the phone, so you have their responses on paper!! Again, registered mail...I would send a copy to the court also just to cover all grounds.

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    Registered User mommy2many's Avatar
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    I have no idea if there is a judgment since I didn't get served the papers though so now I find myself worried sick. I have no idea what it was all about. They tried to serve me under my old name and my DH told the server that oerson didn't live here so I have no idea what it was all about. I haven't gotten anything via regular mail concerning anything shouldn't they have to contact you somehow?

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    Registered User catzz64's Avatar
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    They can still get a judgement against you, I believe. It is then up to the creditor to find you. I have a couple books from NOLO press...let me go check...I'll post more info for you

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    Registered User catzz64's Avatar
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    This book is helpful...it's Money Troubles, Legal Strategies to Cope with Your Debts, by Nolo Press...It is written by lawyers and probably can be found at the library, or you can also check out www.nolo.com.

    What I can gather is that since you didn't show and they didn't serve you, the judge ordered a default judgement against you. Now it is up to the creditor to find you and they MAY be able to attach liens on your bank accounts or real property (home, land) to collect. They are more apt to do things like that if you don't respond and depending on where you are and what the debt was...Of course there are things that are exempt, depends on each circumstance, and each state's rules.

    They are also allowed to start accruing intrest again...there is a chart in the book that tells the rate/by state; and attach lawyer fees, etc to the original bill

    Only you know the full circumstances of your situation. The book also recommends, if a judgement is placed against you and you need assistance, to contact a Consumer Credit Counseling agency. (That is the name of them here...the respectable ones, not the ones that take all your money; you can get free advice often by presenting the situation...)

    MPO...I would try to find out more...and try to work with them...unless you have changed your social security number, or having absolutely NOTHING in your name (married or not), they will locate you if there is any sum of money. If you can't pay...you can't pay, just present enough evidence to prove you have nothing to give!

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    Registered User catzz64's Avatar
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    All that said...if it is a small debt...they could say...the heck with it, she's not worth suing!

    I'll pray for that one...judgements can be stressful, and not knowing is worse!

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    Registered User mommy2many's Avatar
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    Yeah I think for me the worst part is I have no idea what the papers said I almost wish DH had let me sign for them and not told them that person didn't live here KWIM at least then i would know if that is really what it is all about.

    Maybe I shouldn't worry really because I don't ahve anything in my name at all because credit was so ruined from my previous marriage my current DH has everything in his name. But I am still worried.

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