I was doing some research on a default judgment and came across this video. I called Peter Lamont and true to his claim he answered my call. He was very patient, extremely helpful and directed me in the way to proceed. Thanks Peter for all your assistance. I highly recommend this firm.
I was doing some research on a default judgment and came across this video. I called Peter Lamont and true to his word he answered my call. He was very patient, extremely helpful, answered all the questions i asked and then directed me in how to proceed forward. Thanks Peter for taking the time out of your busy schedule to help. I have never experienced any lawyer who would offer legal guidance pro bono. I highly recommend this firm and Peter Lamont on the strength that he cares...
What if you have investigated the bill and the doctor and practice and even the hospital says I've never been treated there?? They have no record of me ever being treated??
Thank you, presently, Superior courts here in Los Angeles county have been making it mandatory to pay online for motions filed, what fee should I file for a motion to vacate the judgement? Thanks
Thank you for the information you provide. I hope you can help me understand what a personal attorney does. I don't know the difference; is that opposed to being some other kind of attorney, such as a corporate attorney? Or does that signify a personal injury attorney? I post this here in case I'm not the only viewer who doesn't know the difference. Thanks for any clarification you can provide.
i like my reasons better, the court had no jurisdiction to hear the case because of lack of sufficiency of pleadings, there were not two opposing parties there and my all time favorite attorneys can't testify in court.....
my complaint was attacked with a motion to dismiss and was ordered deined the dismissal.The judge gave 14 days to answer the complaint. 28 days go by i filed motion for default and default judgement. 7 days later 1 out of 3 lawyers work for the defendants with drew from the case. 10 days later i get a call asking if i would agree to reopen my case from a new lawyer who claims the didnt recieve notice and i still dont see them added on the docket
How do you dismiss a case when they have made a fraudulent default judgment? I have made a motion to vacate the order plus a proposed order following with memorandum of law. What do I do next?
Sounds like you are on the right track. Obviously, you need to check you local court rules to make sure you are following the requirements. Normally, after you file a motion to vacate a default, the other side will submit opposition and then, depending upon your jurisdiction, you will have an opportunity to file a reply brief.
Thx! My abusive ex stole my kids 5 grand child support check. He's filing motions to strike, late counterclaims and restraining orders now. I swear i hate humans. Don't steal, people! DO NOT! YOU KNOW IT'S WRONG. And don't play victim once you're caught.
What constitutes excusable neglect? And what about the court showing mercy? For example on a mother who got a default judgment against her and lost her child?
While it is up to the discretion of the court, excusable neglect can be the failure to receive the complaint, an illness, in capacity, not being in the country, etc. As long as there is a decent reason, the courts will generally accept it. Courts prefer to litigate cases on the merits instead of on a default.
Peter J. Lamont, Esq. it's funny you should reply just now because I just left court and the default judgment was overturned against me when the judge asked my ex-wife now wife again I suppose to make her case she said I just want my son back she made no case at all she only offered I didn't know what I was supposed to do the judge said under the statutes she has to set aside and rehear the case this goes against everything that I read up until today what does the judge mean that if you come back in less than a month she has no choice but to set aside default judgment because she made no case whatsoever can I appeal the appeal I don't understand and I'm very upset today. Thanks.
Peter J. Lamont, Esq. we live in Tennessee she used civil code 60.02 which needs defraud mistake or justifiable excuse like I said she offered no reason and the judge overturned the default judgement there must be some rule that says if the party comes back in less than a couple of months they get it overturned automatically otherwise it makes no sense. Can you appeal an appeal?
My sister just lost a case, she did show up, but due to two recent strokes, she mis-spoke and admitted the debt, which was enough for the judge to rule against her, despite that fact that the alleged debt is very questionable and she wanted a trial or dismissal. Should she file to vacate under these circumstances ?
I'm sorry to hear about this. To answer your question, it really depends on your local court rules. In some states/courts, you may have the ability to file a motion to reconsideration. Other states may have a different remedy. In general, courts set short time limitations to file such motions. I strongly suggest that you contact a local attorney to find out what your sister's state/court rules are. Good luck!
Hi I have default judgement. It was reopened last year for another 10yrs. My question was, I have a debt of 20. Thousands and I was curious to know what's your fees to handle a case like mine?
@@EMatt-cf5um I saved 10 thousand then I called lawyer, offered a 10thousand lump sum settlement to satisfy default judgement. They accepted my offer.. I had to do my research before I made call. I wrote notes of what to say, It was a great accomplishment for me,
I got a garnish letter stating I owe 3,800 this is the first I have ever heard of this debt. I am Eugene Fernandez Jr my dad is Eugene Fernandez. They never sent me Clarification on what the debt is. They just put a debt. They said they served me which they did not. Im trying to figure out if my dad was served or if this is his debt. Nothing was ever brought to my attention. My dad is older and has some mental memory issues. I just want to file motion to remove the judgment, motion to vacate or show me details on dates times and what was purchased. This is Midland funding. This debt is from Arizona Midland Funding says. I am in California and they started garnishing me already. Do I file in court and see them there. Im ok with that and ill tell the judge everything.
I received a judgment against me by default. I gave birth the day before I was supposed to show up in court. I was given 1 month later and did go but they wouldn't let me in the courtroom because I had the baby with me and the security said no kids allowed. This was about 6 years ago. Do I have a case to vacate the judgment?
It may be very difficult based on the timing. The other side will likely argue that too much time has elapsed since the judgment. However, you should meet with a local attorney and go over all of the facts. It is possible that there is still a chance but it really depends on the facts.
What is the name of the app in the App Store? I didn't hear you mention how to find it, I tried doing a search for your name but nothing came up. Thanks!
Nick Schneider My pleasure! Let me know if you have topics that you would like me to cover. Don't forget to subscribe and check out UTLRadio.com for more free info.
hi Peter, I find your videos very helpful. I'm in a situation where I've already received my notice to vacate the premises by the sheriff. I've had answered filed however my fee waiver was not accepted and did not realize that it failed my plan to plead. my question is that do I have time to file a motion to vacate the default judgment? I do have a good argument because there was never a contract between me and the landlord. I appreciate the help.
Emily, thank you for your kind words. It was a pleasure speaking with you. Please let me know how things work out. You can find all of my contact information at www.pjlesq.com
I think I have a very good reason to vacate, there's no valid judgement to begin with. "Simulated legal process" is not a court if law. At no time is there ever a judge acting in his/her official capacity, theres just a simulated legal process, done under the executive branch of government, a clerk (pretending to be a judge) for the Title IV-D Agency. And because no one under the executive branch of government has any judicial authority. They can't lawfully issue court orders, or judgements, send anyone to prison, the amount of crimes these people committ is staggering. I don't get how these people are not in prison them selfs
Hi i received a judgment against me for a medical bill During the time that i was filing for SSDI that of which i won and was awarded about 2 months later My question is how likely is a debt collector to sue a person who is unemployed and has no assets or bank accounts ? I ask because My Medicade Was going to pick up the tap for the old bills which occured during my application process and i wonder if they got the judgment in hopes of getting my back SSDI pay? Did the hospital illegally give the debt collector my medical information and the information that i was about to receive SSDI Payments and they filed a lawsuit in hopes of collecting money in the future ?? Is there anyway to know if they violated HIPAA? I will find out within a week or two if my medicade will back up and pay the bill for me due to it being from a preexisting condition which is the reason for being awarded SSDI, if they do decide to pay it what can be done about the judgment against me ?
It is hard to say. Unless they run an asset profile they will not know that you may be judgment proof. Even if they did know, they may decide to pursue the judgment anyway because in most states creditors have 10-20 years to try to collect the judgment. Thank you for watching the video and for your comment!
"excusable neglect" does not include a situation where you were never served. How can you neglect something you know nothing about? If you were never served summons, the court has no personal jurisdiction over you. Any judgment issued against you is therefore void. If this is the case, do not ask for it to be set aside or vacated, state instead that it must be stricken from the record. The difference? One leaves a judgment on the record, though set aside. This means the lawsuit is considered active, or "at issue." You must, as the video says, accompany a motion to vacate with a meritorious defense. BUT - If it is void because of lack of jurisdiction, the suit is de facto nullified, and the Plaintiff must start from the beginning, and this time properly serve you. This will, at the least, give you more time to prepare for what to do. Like a book, it all makes more sense if you start at the beginning. It also lets you file an answer that has a lower threshold of acceptability (close to zero is sufficient), and then amend it later on if you figure out a better way. ALWAYS take the path that slows down the process. You are trying to navigate an unfamiliar space, while the debt lawyers have a computer generating their ready-made filings. Time is your best friend. Time allows you to acquire all the other things you need - information, advice, evidence, etc.
I was doing some research on a default judgment and came across this video. . I called Peter Lamont and true to his claim he answered my call. He was very patient, extremely helpful and directed me in the way to proceed. Thanks Peter for all your assistance. I highly recommend this firm.
giftedntalented1 thank you for your kind words. It was a pleasure speaking with you. Good luck! If you have other legal topics that you would like to see discussed on this channel just let me know!
I was doing some research on a default judgment and came across this video. I called Peter Lamont and true to his claim he answered my call. He was very patient, extremely helpful and directed me in the way to proceed. Thanks Peter for all your assistance. I highly recommend this firm.
I was doing some research on a default judgment and came across this video. I called Peter Lamont and true to his word he answered my call. He was very patient, extremely helpful, answered all the questions i asked and then directed me in how to proceed forward. Thanks Peter for taking the time out of your busy schedule to help. I have never experienced any lawyer who would offer legal guidance pro bono. I highly recommend this firm and Peter Lamont on the strength that he cares...
Thank you, for doing this video upload. Going through a divorce and have a lot of clean up to do. This was helpful.
Thank you for your comment and for your kind words. If there are any specific topics you would like me to address in a video please let me know.
I really need to speak to you about this same issue.
The hell with an attorney any one can file a simple motion with points of authority!
What if you have investigated the bill and the doctor and practice and even the hospital says I've never been treated there?? They have no record of me ever being treated??
Thank you, presently, Superior courts here in Los Angeles county have been making it mandatory to pay online for motions filed, what fee should I file for a motion to vacate the judgement? Thanks
Thanks for your comment and for watching the video. You have to check with the clerk because each state charges different fees for motions.
Thank you for the information you provide. I hope you can help me understand what a personal attorney does. I don't know the difference; is that opposed to being some other kind of attorney, such as a corporate attorney? Or does that signify a personal injury attorney? I post this here in case I'm not the only viewer who doesn't know the difference. Thanks for any clarification you can provide.
hello and thank you for all your doing to educate people .
i like my reasons better, the court had no jurisdiction to hear the case because of lack of sufficiency of pleadings, there were not two opposing parties there and my all time favorite attorneys can't testify in court.....
Does this work for eviction as well?
Can a collection company be sued for identity theft?
my complaint was attacked with a motion to dismiss and was ordered deined the dismissal.The judge gave 14 days to answer the complaint. 28 days go by i filed motion for default and default judgement. 7 days later 1 out of 3 lawyers work for the defendants with drew from the case. 10 days later i get a call asking if i would agree to reopen my case from a new lawyer who claims the didnt recieve notice and i still dont see them added on the docket
Seems like you are doing a good job. Sounds like the attorney will probably file a motion to vacate the default.
How do you dismiss a case when they have made a fraudulent default judgment? I have made a motion to vacate the order plus a proposed order following with memorandum of law. What do I do next?
Sounds like you are on the right track. Obviously, you need to check you local court rules to make sure you are following the requirements. Normally, after you file a motion to vacate a default, the other side will submit opposition and then, depending upon your jurisdiction, you will have an opportunity to file a reply brief.
@@PeterJLamontEsq I have not received any documents from the other side. They are playing games.
Thx! My abusive ex stole my kids 5 grand child support check. He's filing motions to strike, late counterclaims and restraining orders now. I swear i hate humans.
Don't steal, people! DO NOT! YOU KNOW IT'S WRONG. And don't play victim once you're caught.
Do you have a template to vacate a judgment?
daphine7 thank you for your kind words! Check out www.utlradio.com for more free info.
Do you help out for Family Law in California, too? Does this takes place in California, after 6 months? Thank you.
1. Be afraid. 2. Call a lawyer. 3. Pay 300 per hour until out of money. 4. Bankruptcy. 5. Homelessness
i have lost paper work from lawsuit didn't hear from the court till i got notice of a default judgment can i argue the motion?
I have a question but the email listed is showing up as incorrect.
What constitutes excusable neglect? And what about the court showing mercy? For example on a mother who got a default judgment against her and lost her child?
While it is up to the discretion of the court, excusable neglect can be the failure to receive the complaint, an illness, in capacity, not being in the country, etc. As long as there is a decent reason, the courts will generally accept it. Courts prefer to litigate cases on the merits instead of on a default.
Peter J. Lamont, Esq. it's funny you should reply just now because I just left court and the default judgment was overturned against me when the judge asked my ex-wife now wife again I suppose to make her case she said I just want my son back she made no case at all she only offered I didn't know what I was supposed to do the judge said under the statutes she has to set aside and rehear the case this goes against everything that I read up until today what does the judge mean that if you come back in less than a month she has no choice but to set aside default judgment because she made no case whatsoever can I appeal the appeal I don't understand and I'm very upset today. Thanks.
I would really need to have all the information before I can give you an answer.
Peter J. Lamont, Esq. we live in Tennessee she used civil code 60.02 which needs defraud mistake or justifiable excuse like I said she offered no reason and the judge overturned the default judgement there must be some rule that says if the party comes back in less than a couple of months they get it overturned automatically otherwise it makes no sense. Can you appeal an appeal?
What do you do when don’t have the money pay judgment Iam still going court house deal with summon can I ask for time to pay judgment ?
what. What if I just want to vacate because I dont want to have another hearing because its a waste of time and money
Everyone just wants to file a bankruptcy for me. No one in Tucson Arizona wants to help me. What do i do.
My sister just lost a case, she did show up, but due to two recent strokes, she mis-spoke and admitted the debt, which was enough for the judge to rule against her, despite that fact that the alleged debt is very questionable and she wanted a trial or dismissal. Should she file to vacate under these circumstances ?
I'm sorry to hear about this. To answer your question, it really depends on your local court rules. In some states/courts, you may have the ability to file a motion to reconsideration. Other states may have a different remedy. In general, courts set short time limitations to file such motions. I strongly suggest that you contact a local attorney to find out what your sister's state/court rules are. Good luck!
Hi I have default judgement. It was reopened last year for another 10yrs. My question was, I have a debt of 20. Thousands and I was curious to know what's your fees to handle a case like mine?
came arcross your comment same situation what did you do about you judgment
@@EMatt-cf5um I saved 10 thousand then I called lawyer, offered a 10thousand lump sum settlement to satisfy default judgement. They accepted my offer..
I had to do my research before I made call. I wrote notes of what to say, It was a great accomplishment for me,
I got a garnish letter stating I owe 3,800 this is the first I have ever heard of this debt. I am Eugene Fernandez Jr my dad is Eugene Fernandez. They never sent me Clarification on what the debt is. They just put a debt. They said they served me which they did not. Im trying to figure out if my dad was served or if this is his debt. Nothing was ever brought to my attention. My dad is older and has some mental memory issues. I just want to file motion to remove the judgment, motion to vacate or show me details on dates times and what was purchased. This is Midland funding. This debt is from Arizona Midland Funding says. I am in California and they started garnishing me already. Do I file in court and see them there. Im ok with that and ill tell the judge everything.
THANK YOU! good job, thanks a lot
Can they garnish a person's disability payments?
No
hi i tried emailing him and the email is not working i really need help
Thanks for your comment and for watching the video. You can email us at info@pjlesq.com
I received a judgment against me by default. I gave birth the day before I was supposed to show up in court. I was given 1 month later and did go but they wouldn't let me in the courtroom because I had the baby with me and the security said no kids allowed. This was about 6 years ago. Do I have a case to vacate the judgment?
It may be very difficult based on the timing. The other side will likely argue that too much time has elapsed since the judgment. However, you should meet with a local attorney and go over all of the facts. It is possible that there is still a chance but it really depends on the facts.
What is the name of the app in the App Store? I didn't hear you mention how to find it, I tried doing a search for your name but nothing came up. Thanks!
Nick Schneider Try this link Nick - itunes.apple.com/us/app/law-offices-of-peter-j.-lamont/id849713125?mt=8
Got it! Thank you Mr. Lamont
Nick Schneider My pleasure! Let me know if you have topics that you would like me to cover. Don't forget to subscribe and check out UTLRadio.com for more free info.
I did check it out, quite the site. Impressive and very informative. I did send you a question through the app, hopefully you got it.
Nick Schneider Thanks. I will pick up the message tomorrow and get back to you with a response. Thanks again for your kind words.
hi Peter, I find your videos very helpful. I'm in a situation where I've already received my notice to vacate the premises by the sheriff. I've had answered filed however my fee waiver was not accepted and did not realize that it failed my plan to plead.
my question is that do I have time to file a motion to vacate the default judgment? I do have a good argument because there was never a contract between me and the landlord. I appreciate the help.
Emily, thank you for your kind words. It was a pleasure speaking with you. Please let me know how things work out. You can find all of my contact information at www.pjlesq.com
I think I have a very good reason to vacate, there's no valid judgement to begin with. "Simulated legal process" is not a court if law. At no time is there ever a judge acting in his/her official capacity, theres just a simulated legal process, done under the executive branch of government, a clerk (pretending to be a judge) for the Title IV-D Agency. And because no one under the executive branch of government has any judicial authority. They can't lawfully issue court orders, or judgements, send anyone to prison, the amount of crimes these people committ is staggering. I don't get how these people are not in prison them selfs
Hi i received a judgment against me for a medical bill During the time that i was filing for SSDI that of which i won and was awarded about 2 months later My question is how likely is a debt collector to sue a person who is unemployed and has no assets or bank accounts ? I ask because My Medicade Was going to pick up the tap for the old bills which occured during my application process and i wonder if they got the judgment in hopes of getting my back SSDI pay? Did the hospital illegally give the debt collector my medical information and the information that i was about to receive SSDI Payments and they filed a lawsuit in hopes of collecting money in the future ?? Is there anyway to know if they violated HIPAA? I will find out within a week or two if my medicade will back up and pay the bill for me due to it being from a preexisting condition which is the reason for being awarded SSDI, if they do decide to pay it what can be done about the judgment against me ?
It is hard to say. Unless they run an asset profile they will not know that you may be judgment proof. Even if they did know, they may decide to pursue the judgment anyway because in most states creditors have 10-20 years to try to collect the judgment. Thank you for watching the video and for your comment!
Number not in service
Older videos have old number . (201) 904-2211
thank u GOD BLESS HOPE U CALL ME SOON
oh i forgot there was no competent fact witness
"excusable neglect" does not include a situation where you were never served. How can you neglect something you know nothing about?
If you were never served summons, the court has no personal jurisdiction over you. Any judgment issued against you is therefore void. If this is the case, do not ask for it to be set aside or vacated, state instead that it must be stricken from the record. The difference? One leaves a judgment on the record, though set aside. This means the lawsuit is considered active, or "at issue." You must, as the video says, accompany a motion to vacate with a meritorious defense.
BUT - If it is void because of lack of jurisdiction, the suit is de facto nullified, and the Plaintiff must start from the beginning, and this time properly serve you. This will, at the least, give you more time to prepare for what to do. Like a book, it all makes more sense if you start at the beginning. It also lets you file an answer that has a lower threshold of acceptability (close to zero is sufficient), and then amend it later on if you figure out a better way.
ALWAYS take the path that slows down the process. You are trying to navigate an unfamiliar space, while the debt lawyers have a computer generating their ready-made filings. Time is your best friend. Time allows you to acquire all the other things you need - information, advice, evidence, etc.
I was doing some research on a default judgment and came across this video. . I called Peter Lamont and true to his claim he answered my call. He was very patient, extremely helpful and directed me in the way to proceed. Thanks Peter for all your assistance. I highly recommend this firm.
giftedntalented1 thank you for your kind words. It was a pleasure speaking with you. Good luck! If you have other legal topics that you would like to see discussed on this channel just let me know!