I recently had my bank account garnished and never knew a thing about it. The officer said he served me.... 6 months ago... in a place I haven't lived in, in THREE years. Thanks for the push and now know what to do.
Is this all still relevant today? I live in PA and recently had my account garnished but never received any papers from the court. But now a different credit company did send me papers but they were delivered late, likely because they have the wrong address listed and went to another unit that was empty. Also, the website is no more, where can I find those templates now? Thanks.
Hey John Thanks for the Info. Yes, They got me once on this kind of trick. dealing w Real Estate on a disputed home my Ex wife and I, owned. The Process server filed a "due diligence" form Saying he tried to serve me. But the guy simply Searched for my Last name. He then went to the first address that matched my last name, even though it was a different First name. Additionally, the house was VACANT. according to him, that was "Due diligence" The Judge, did not want to consider this situation and allowed the Judgement to Stand. Where I freaking LOST OUT. But I didn't know that a "motion to vacate default judgement" existed..........
Very helpful information, thank you so very much. I am trying to help my nephew address his garnishment and finally have a place to start! He was incarcerated in the county jail in a work release type situation at the time he was supposedly served.
I have a default judgement in CA against me in May of 2012 that I never knew about because from the time I was sued until the judgement, I resided overseas. I just received the same judgement with interest in February 2022. I was never served because I was living overseas for 5 years So obviously the process server lied. I am currently a TX resident. Can I still file a motion to vacate judgement after almost 10 years? Thanks
If your in federal Court, you can file a Fed. R. Civ. P. 60(d)(3) only if an officer of the Court, judge, attorney, lied to the Court and the court relied upon that conduct. No statute of limitations. One of the most POWERFUL rules in the whole FRCP. Plead your cause with Fraud with particularity, Fed. R. Civ. P. 9(b). It makes void ALL the proceedings. You may apply for dismissal (or default judgment) as a sanction, depending on the severity of the misconduct. See, Chambers v. Nasco.
I just went to my motion for summary judgment. This was in circuit Court in Florida. Plaintiff claims I owe 50k for damages in a accident back in 2016 . This is a debt buying attorney. There summary was just an estimate. Nowhere was a bill of sale. Also they didn't include a interest rate. They included an affidavit by a claims rep stating the amount I owed was personally true. This claims rep did not swear under oath. Also the claims rep made the affidavit up 2 years after the incident at issue. That goes against federal law. Rule 901 a and b. There was no witness statement. I bought Mr Skibas course and all the holes that typically debt junk buying attorneys leave wide open. I think I knew the law better than the attorney. How am I supposed to come to an accurate sum owed off of just an estimate? Mr Skiba would be impressed with my response to the motion for summary judgment.
Nice work Mark! I often tell clients if you fight back and require them to prove their case you can get great results. Thanks for purchasing the course. I am glad it was helpful. If anyone else needs help the course is at Legal.coach .
Here is an interesting situation. My friend had been served and was going to appear at court. However, he received a phone call indicating the court date was being pushed out and that he would be notified of the new court date. It turned out that call was made to keep him from showing up...so he received a default judgement.
Yooooo, that is so illegal on so many fronts! I he can have an order to vacate the judgment just with that info alone (as long as he can prove it...phone records etc) and can probably even sue! Also any amount garnished if they used a Writ can be recovered. This should be stricken and void! Please update us on what happens!!
This happened to my husband... the court told him that they would reach back out and that they were close never reached out and gave him a default judgement
I have several Default Judgments I ignored. Total debt is $25000. An attorney recommends to file Chapter 7 Bankruptcy But I do not want to file it So what are my other options. I spoke to one of my collectors to do a payment if they stop the lawsuit against me They said can not do it because is already in the court's hands. What are my options?
Question. Discover is sueing a friend of mine by S&H. He immidiatly called S&H and worked out a payment plan through them. Does he still have to submit an answer to the court even though s&h said they will no longer persue in court. In order to submit an answer, the court fee is $300.00.
Thanks for the comment. About three years ago the rules changed and civil judgments are no longer reported on your credit report. However, the underlying debt may still be there and negative information on your credit report can be there for 7 years.
Asking for a friend. What if the papers were served properly? I'm working with a debt settlement company that said they would "take care of all the legal stuff" if a lawsuit ever happened. I got served papers from American Express (BASTARDS) over a year ago and my settlement company assigned me a lawyer last week. They failed to notify me that I need to file an answer to the court within 20 days or whatever. I just received a notice of default judgment in the mail (California) . Can I still fight the default judgement even if they did properly serve the papers?
The Hoa in Colorado entered a Cival default judgement for past association fees against my Mother's estate when she was in her last two years of her life at a senior facility. The senior facility would not allow her to go to court due to her cognitive issues and her health. The next default judgement was against my deceased Mom's estate served on me the personal representative of the estate. Is there any Defense on the default judgement lien that the Court awarded to the HOA that my deceased Mother could not testify. Would your hearsay video apply when she can't testify? The only information that I found was " Dead Man's Law" . The kicker was my husband was paying the hoa dues and stopped paying. When I I sent an involved email to the Hoa questioning the amount due, questions on who, dates, when dues were paid by whom, what was the actual amount owed? The attorney told me she did have any of thar information. This is happening nationwide, when others plus seniors some " low income status" have had financial issues, they are protected by arisa fdca they can't attatch their social security so they put a lien on their homes, most can't fight the Hoa not having the legal experience and loose or take the BK, which is just a payment plan but your acquiring more debt of additional legal, Trustee fees, they take your house, can make you sell, even if you have no where to afford to live. But if it's not our lien, our social securities, 401, pension retirement, VA disability are protected why would we pay? Are there any civil rights laws seniors, whomever being awarded an attorney? So, I took a BK on a matter that I nor my Mom did not cause. Seniors are loosing properties, loosing cases they can't defend on their liens or liens on a deceased parent being forced to sell the properties. A bill that was $6,000.00 went to )did not get other bills ) 30,000.00 to Sheriff sale $42,000.00 to the BK Court $66,000.00 attorneys fees and BK attorneys fees. Suggestions Thank you for all your wonderful videos and legal information.
I would keep calling the court and see if they can confirm if the summons was expired and if not ask them what the best way to file a response is while the court is closed.
OK so I have a question what if you have a judgment on someone and It’s been an ongoing litigation. at first she avoided the process server making us lose two trips to the court. We had to hire a private processor afterwards she stated she was on vacation and the judge sent us to a mediation. No resolution was reach and so they set a court date but Due to health conditions my mother asked for A continuation and it was granted. We went again to the court and this time the defendant did not showed up and the judge issued a final judgment in our favor. Now the defendant is requesting a hearing despite claiming she had an emergency our neighbors seen her all day at the house never once came out during that. Now we have proof on surveillance cameras showing what we said is true hence why we got the judgment. How could I defend the judgment so that the defendant is still liable to pay for the damages her son cost us when he damage her cars.
If they leave summons with daughter Personal Representative of deceased Mother's estate on a Hoa association dues claimed owed by Hoa. The Hoa was awarded the Default Judgement on Mothers estate because I didn't respond, couldn't afford an attorney. The Statute of Limitations ran out. Can I claim dead man's law, Mother can't testify, my unknown testimony would be hearsay? Does FDPCA apply to Hia association dues, fines, penaltues?
Great video. Thank you for all of your helpful videos. Question, how long is a default judgment valid for?. I just recently received a letter from a lawyers office trying to settle a case with me stating that there is a default judgment against me from 2009. I never received anything, going to take the steps you described in this video. But just curious since they didn’t collect 13 years ago can they still garnish wages or act on original lawsuit? Thanks 4 your help.
id say keep your mouth shut, dont talk to anyone, theyre trying to trap you and reopen the case. If you acknowledge this, in a phone call, letter or anyting the statue of limitaitions is re open,,,, Consult an lawyer though because idk what im talking about very much , just a little bit
Hi John, We are dealing with an old judgment here in Arizona where service was done by publication .... 10 years later we are just finding out the lawsuit even existed is that something you may be able to help with ?
Just to confirm before I purchase, I had a default judgment for credit card debit from over 7 yrs ago. It’s no longer on my credit but my mother says I received mail from a lawyer representing the debt collector to garnish my pay at a job I’m no longer at. There is a certificate of service but just stating that they sent it in the mail. The thing is I haven’t lived there in over 3 years. Also the address where I had the original debt, I haven’t lived there in over 7 yrs if they’ve been sending stuff there. I’ve never been served with this. Your method would be good for my situation?
What about Child Support arrears? I'm not trying to get out of arrears, I just need to be given the opportunity to defend myself. I'm a victim of sewer service, I believe my case was doomed the moment I had a FTA, none of my pleas were probed into, everything I produced was disregarded. My husband was deceitful every time he abused the court process with his frivolous Motions But the fact still remains this case was tainted from the gate when I was fraudulently served. I'm in CA, it's been 15 years since I received the judgment, I just recently discovered that I was sewer ditched and I believe I have a substantial amount of evidence to prove it.
What if I’m selling my house if was awarded to me now the title company says a judgment from my ex n they said 5200 it got sold from 8 yrs ago n the Origen Amt was 2900 I called court n they said they posted citation on door 🚪 so my ex didn’t get it . This new collections agency doesn’t want to negotiate with me whom I’m not even the person that did the debt
Hey Grisel! This is a good question. It is easier for me to respond to specific questions on my community. Here is a link! consumer-warrior-project.thinkific.com/communities/Q29tbXVuaXR5LTI4MDMy Best of luck!
I need some help to fill out a form for a motion to open a default judgment in Philadelphia PA. An affidavit was signed stating I was served with papers, no one served me. I only received a copy of the complaint from some lawyer, I never got anything official from the court. This is for an ejectment case against us, landlord doesn't have a rental license and filed for ejectment stating we are squatters, we have a lease. I have the paperwork but don't know how to fill it out.
Once they process server submits his “affidavit of service” to the court, the burden is then on you to show that you didn’t receive it. That is a difficult thing to do - you are essentially being required to prove that something didn’t happen.
Re: "teenagers." I believe that they have to be something like 14 years old for proper service, maybe the age varies by state. Certainly 18 works, and probably some younger ages.
I don't know anyone specifically in Miami, but you may want to check out the National Association of Consumer Advocates (NACA). The have a directory of consumer attorneys in each state on their website at www.Consumeradvocates.org. Good luck!
If I have a default against me for no response and later the plaintiff/debt collector wrote the courts to dismiss because I write a powerful answer. Should I try to remove the default before I sue even though the plaintiff wrote the court to dismiss or does the dismissal cancel that default from being facts?
It will depend on the rules in your state. In Arizona they can serve anyone in the home who is of "suitable age and discretion". If the person who was served is disabled then there is a question of whether service is good. If a default judgment was entered you may want to file a Motion to Vacate Default Judgment and explain the fact of it to your judge. I have a tutorial on drafting those motions that can help 👉👉consumer-warrior-project.thinkific.com/courses/how-to-vacate-a-default-judgment
Don't give up! Debt collectors will try and beat you down. You can fight back. 👉 consumer-warrior-project.thinkific.com/courses/how-to-vacate-a-default-judgment
Thanks for the feedback Stacy! Good luck with your case. If you need additional assistance I have an online course on default judgments at Legal.Coach.
Great great video and service. My proof of service is a little bit different I believe. I believe I'm being sued for usury and acting as an unlicensed contractor. To make a long story short I have moved a year before service was attempted. The plaintiff had my phone number and my e-mail address and no effort was made to contact me. Their best friend had my phone number. There's a default judgement against me. I'm assuming maybe they did it by publication? I have to go to court and get the details but in general is this the kind of thing you seen some clients vacate. I realize you can't provide legal advice this is just a general question for my entertainment
When I had court the process server stated they served me personally. They put a generic description that doesn't remotely describe anyone in the house. The thing is this person left the papers in a ziplok bag hung on the door AT MY SISTERS HOUSE!
It is designed to provide information on strategies and procedures to both individuals and businesses who had a default judgment entered against them. The focus is largely on those who were not appropriately served with the complaint and summons resulting in a default judgment.
The rat landlord lied and said he served it to my husband who was sick with COVID! He gave no notice and locked us out a month ago. The rent was paid before he got it!! This is abuse!!!
@@Consumer_Warrior I have never heard such a thing. They have no Attorney yet. That is why. These are nice people who don’t deserve this treatment. He is 70 years old. I think it’s elder abuse. I just wish there were something I could do medically. It’s a bad situation when they are playing with his overall health. His stats were all messed up.
@@Consumer_Warrior If you didn't than it must be youtube. I asked a few questions off and on about judgements but they just keep disappearing. So i gave up.
That is a simple answer to say, the reality of doing that is often difficult. I rarely meet someone who doesn't want to pay the debt, their financial circumstances make it not possible.
@@Consumer_Warrior Careful, disciplined behavior with money keeps one out of financial trouble. I Have been on both sides of the fence. Budgeting and sticking to it is key.
The USDA demanded that I pay to them the sum of $50,00 plus they alleged a tenant owed. A debt I know nothing about. USDA threatened they would obtain a judgment from the DOJ Scranton, PA. I would not be allowed a court trial. DOJ did pass that judgment. I fought for justice. I have a default judgment against me in the Middle Court, PA 'cos my attorney failed to provide discovery documents. I recently discovered the attorney had been barred WEF April 2022. The DOJ Scranton, PA claimed that they had " Personally " served me. They did not. I have a different address. I asked the Court to instruct the DOJ to provide details of the date, time & place of this alleged Personal service. to date no reply. An ignorant US Atty from DOJ Scranton, PA threatened to swear out a warrant for my arrest. I am not a criminal. I contest that USDA duty was to recover the alleged debt from the sale of the tenant's livestock, machinery etc. Alternately USDA should recover the alleged debt from whoever bought the tenant's property with liens attached. I am an 87 year of age recently retired mason. USDA/DOJ have been suing me relentlessly for more than 5 1/2 years for a debt I am convinced does not exist. Any advice would be welcome. ghyllbeck1@gmai.com
I recently had my bank account garnished and never knew a thing about it. The officer said he served me.... 6 months ago... in a place I haven't lived in, in THREE years. Thanks for the push and now know what to do.
They tape my second summons on the door? I failed to respond, how do I get passed this?
Super appreciate your content. Making my way into all of your videos. Dealing with some debt and all of this info has been super helpful.
You are the REAL MVP. Thanks for sharing this info. Especially being a lawyer :)
Is this all still relevant today? I live in PA and recently had my account garnished but never received any papers from the court. But now a different credit company did send me papers but they were delivered late, likely because they have the wrong address listed and went to another unit that was empty.
Also, the website is no more, where can I find those templates now? Thanks.
Hi Doris - It is still relevant. You can check out the online courses and templates here 👉 consumer-warrior-project.thinkific.com/
Thank you!
Hey John Thanks for the Info. Yes, They got me once on this kind of trick.
dealing w Real Estate on a disputed home my Ex wife and I, owned.
The Process server filed a "due diligence" form Saying he tried to serve me.
But the guy simply Searched for my Last name. He then went to the first address that matched my last name, even though it was a different First name. Additionally, the house was VACANT. according to him, that was "Due diligence"
The Judge, did not want to consider this situation and allowed the Judgement to Stand.
Where I freaking LOST OUT. But I didn't know that a "motion to vacate default judgement" existed..........
Very helpful information, thank you so very much. I am trying to help my nephew address his garnishment and finally have a place to start! He was incarcerated in the county jail in a work release type situation at the time he was supposedly served.
I have a default judgement in CA against me in May of 2012 that I never knew about because from the time I was sued until the judgement, I resided overseas. I just received the same judgement with interest in February 2022. I was never served because I was living overseas for 5 years So obviously the process server lied. I am currently a TX resident. Can I still file a motion to vacate judgement after almost 10 years? Thanks
If your in federal Court, you can file a Fed. R. Civ. P. 60(d)(3) only if an officer of the Court, judge, attorney, lied to the Court and the court relied upon that conduct. No statute of limitations. One of the most POWERFUL rules in the whole FRCP. Plead your cause with Fraud with particularity, Fed. R. Civ. P. 9(b). It makes void ALL the proceedings. You may apply for dismissal (or default judgment) as a sanction, depending on the severity of the misconduct. See, Chambers v. Nasco.
Is there a way I can speak to somebody?! I was never served a certificate of service and they have my bank acct levied
I would love to help if you would like to set up a consultation and live in Arizona. Here is the number you can call to set that up: 480-907-3388
I just went to my motion for summary judgment. This was in circuit Court in Florida. Plaintiff claims I owe 50k for damages in a accident back in 2016 . This is a debt buying attorney. There summary was just an estimate. Nowhere was a bill of sale. Also they didn't include a interest rate. They included an affidavit by a claims rep stating the amount I owed was personally true. This claims rep did not swear under oath. Also the claims rep made the affidavit up 2 years after the incident at issue. That goes against federal law. Rule 901 a and b. There was no witness statement. I bought Mr Skibas course and all the holes that typically debt junk buying attorneys leave wide open. I think I knew the law better than the attorney. How am I supposed to come to an accurate sum owed off of just an estimate? Mr Skiba would be impressed with my response to the motion for summary judgment.
Nice work Mark! I often tell clients if you fight back and require them to prove their case you can get great results. Thanks for purchasing the course. I am glad it was helpful. If anyone else needs help the course is at Legal.coach .
Here is an interesting situation. My friend had been served and was going to appear at court. However, he received a phone call indicating the court date was being pushed out and that he would be notified of the new court date. It turned out that call was made to keep him from showing up...so he received a default judgement.
Yooooo, that is so illegal on so many fronts! I he can have an order to vacate the judgment just with that info alone (as long as he can prove it...phone records etc) and can probably even sue! Also any amount garnished if they used a Writ can be recovered. This should be stricken and void! Please update us on what happens!!
That is horrible!
This happened to my husband... the court told him that they would reach back out and that they were close never reached out and gave him a default judgement
I have several Default Judgments I ignored. Total debt is $25000. An attorney recommends to file Chapter 7 Bankruptcy But I do not want to file it So what are my other options. I spoke to one of my collectors to do a payment if they stop the lawsuit against me They said can not do it because is already in the court's hands. What are my options?
There are other options. I do into them here ➡️ consumer-warrior-project.thinkific.com.
I can’t find a lawyer that handles these cases like you. What type of attorney should I be searching for?
Question. Discover is sueing a friend of mine by S&H. He immidiatly called S&H and worked out a payment plan through them. Does he still have to submit an answer to the court even though s&h said they will no longer persue in court. In order to submit an answer, the court fee is $300.00.
Yes indeed. You are very helpful.
John thanks for the great information. How long default judgment stay in a credit report?Thanks
Thanks for the comment. About three years ago the rules changed and civil judgments are no longer reported on your credit report. However, the underlying debt may still be there and negative information on your credit report can be there for 7 years.
Asking for a friend. What if the papers were served properly? I'm working with a debt settlement company that said they would "take care of all the legal stuff" if a lawsuit ever happened. I got served papers from American Express (BASTARDS) over a year ago and my settlement company assigned me a lawyer last week. They failed to notify me that I need to file an answer to the court within 20 days or whatever. I just received a notice of default judgment in the mail (California) . Can I still fight the default judgement even if they did properly serve the papers?
I just want to pay off a civil judgement and get that judgement off my credit. How does this work?
The Hoa in Colorado entered a Cival default judgement for past association fees against my Mother's estate when she was in her last two years of her life at a senior facility. The senior facility would not allow her to go to court due to her cognitive issues and her health. The next default judgement was against my deceased Mom's estate served on me the personal representative of the estate. Is there any Defense on the default judgement lien that the Court awarded to the HOA that my deceased Mother could not testify. Would your hearsay video apply when she can't testify? The only information that I found was " Dead Man's Law" . The kicker was my husband was paying the hoa dues and stopped paying. When I I sent an involved email to the Hoa questioning the amount due, questions on who, dates, when dues were paid by whom, what was the actual amount owed? The attorney told me she did have any of thar information.
This is happening nationwide, when others plus seniors some " low income status" have had financial issues, they are protected by arisa fdca they can't attatch their social security so they put a lien on their homes, most can't fight the Hoa not having the legal experience and loose or take the BK, which is just a payment plan but your acquiring more debt of additional legal, Trustee fees, they take your house, can make you sell, even if you have no where to afford to live.
But if it's not our lien, our social securities, 401, pension retirement, VA disability are protected why would we pay? Are there any civil rights laws seniors, whomever being awarded an attorney?
So, I took a BK on a matter that I nor my Mom did not cause. Seniors are loosing properties, loosing cases they can't defend on their liens or liens on a deceased parent being forced to sell the properties. A bill that was $6,000.00 went to )did not get other bills ) 30,000.00 to Sheriff sale $42,000.00 to the BK Court $66,000.00 attorneys fees and BK attorneys fees. Suggestions
Thank you for all your wonderful videos and legal information.
I have a question. If the judgement is vacated, and the debt is now way past statute of limitations to collect on can a new judgement be issued to me?
No
I was served an expired summons during the Covid19 lock down in June. The courts are still closed to the public. And I can't get a call back.
I would keep calling the court and see if they can confirm if the summons was expired and if not ask them what the best way to file a response is while the court is closed.
OK so I have a question what if you have a judgment on someone and
It’s been an ongoing litigation. at first she avoided the process server making us lose two trips to the court. We had to hire a private processor afterwards she stated she was on vacation and the judge sent us to a mediation. No resolution was reach and so they set a court date but Due to health conditions my mother asked for A continuation and it was granted. We went again to the court and this time the defendant did not showed up and the judge issued a final judgment in our favor. Now the defendant is requesting a hearing despite claiming she had an emergency our neighbors seen her all day at the house never once came out during that. Now we have proof on surveillance cameras showing what we said is true hence why we got the judgment. How could I defend the judgment so that the defendant is still liable to pay for the damages her son cost us when he damage her cars.
If they leave summons with daughter Personal Representative of deceased Mother's estate on a Hoa association dues claimed owed by Hoa. The Hoa was awarded the Default Judgement on Mothers estate because I didn't respond, couldn't afford an attorney. The Statute of Limitations ran out. Can I claim dead man's law, Mother can't testify, my unknown testimony would be hearsay?
Does FDPCA apply to Hia association dues, fines, penaltues?
Great video. Thank you for all of your helpful videos. Question, how long is a default judgment valid for?. I just recently received a letter from a lawyers office trying to settle a case with me stating that there is a default judgment against me from 2009. I never received anything, going to take the steps you described in this video. But just curious since they didn’t collect 13 years ago can they still garnish wages or act on original lawsuit? Thanks 4 your help.
id say keep your mouth shut, dont talk to anyone, theyre trying to trap you and reopen the case. If you acknowledge this, in a phone call, letter or anyting the statue of limitaitions is re open,,,, Consult an lawyer though because idk what im talking about very much , just a little bit
My server left paperwork on a rocking chair and left it's on camera
Hi John, We are dealing with an old judgment here in Arizona where service was done by publication .... 10 years later we are just finding out the lawsuit even existed is that something you may be able to help with ?
Hi Majorie - I would be happy to review it and give you a few options. You can schedule a consultation at MeetMy.Lawyer (Arizona Residents Only).
Very easily understood. Great job
Just to confirm before I purchase, I had a default judgment for credit card debit from over 7 yrs ago. It’s no longer on my credit but my mother says I received mail from a lawyer representing the debt collector to garnish my pay at a job I’m no longer at. There is a certificate of service but just stating that they sent it in the mail. The thing is I haven’t lived there in over 3 years. Also the address where I had the original debt, I haven’t lived there in over 7 yrs if they’ve been sending stuff there. I’ve never been served with this. Your method would be good for my situation?
Hey Mr. Skebo you’re the man but I got a question should I file a motion to vacate at the same time as obtaining my copy of the service certificate?
I am going though this now and i Know i wasnt served...did you find out anything?
That website isnt working anymore
What about Child Support arrears? I'm not trying to get out of arrears, I just need to be given the opportunity to defend myself. I'm a victim of sewer service, I believe my case was doomed the moment I had a FTA, none of my pleas were probed into, everything I produced was disregarded. My husband was deceitful every time he abused the court process with his frivolous Motions
But the fact still remains this case was tainted from the gate when I was fraudulently served. I'm in CA, it's been 15 years since I received the judgment, I just recently discovered that I was sewer ditched and I believe I have a substantial amount of evidence to prove it.
What if I’m selling my house if was awarded to me now the title company says a judgment from my ex n they said 5200 it got sold from
8 yrs ago n the Origen Amt was 2900 I called court n they said they posted citation on door 🚪 so my ex didn’t get it . This new collections agency doesn’t want to negotiate with me whom I’m not even the person that did the debt
Hey Grisel! This is a good question. It is easier for me to respond to specific questions on my community. Here is a link! consumer-warrior-project.thinkific.com/communities/Q29tbXVuaXR5LTI4MDMy
Best of luck!
I went to website and you have to buy the info, and since my bank account was frozen I have no money to do that.
I need some help to fill out a form for a motion to open a default judgment in Philadelphia PA. An affidavit was signed stating I was served with papers, no one served me. I only received a copy of the complaint from some lawyer, I never got anything official from the court. This is for an ejectment case against us, landlord doesn't have a rental license and filed for ejectment stating we are squatters, we have a lease. I have the paperwork but don't know how to fill it out.
Certificate of service copy. Got it.
What if the process server writes that he left it at the door in his ‘return of service’ Doc?
Once they process server submits his “affidavit of service” to the court, the burden is then on you to show that you didn’t receive it. That is a difficult thing to do - you are essentially being required to prove that something didn’t happen.
Re: "teenagers." I believe that they have to be something like 14 years old for proper service, maybe the age varies by state. Certainly 18 works, and probably some younger ages.
do you have any referrals to attorneys in miami, florida...
I don't know anyone specifically in Miami, but you may want to check out the National Association of Consumer Advocates (NACA). The have a directory of consumer attorneys in each state on their website at www.Consumeradvocates.org. Good luck!
If I have a default against me for no response and later the plaintiff/debt collector wrote the courts to dismiss because I write a powerful answer. Should I try to remove the default before I sue even though the plaintiff wrote the court to dismiss or does the dismissal cancel that default from being facts?
Can I ask what kind of response you used. Currently dealing with this
what response did you use? please share I have to respond in 15 days to the judgement notice
Can you do anything if your name is incorrect on the default of entry?
Well Ohio allows them to do it regular mail and give default judgment
No serving of papers or registered letter is necessary?
Currently dealing with this now. Ugh @johnfortin5708
Hey John, what if service was done on someone who is mentally handicapped and didn't know what to do?
It will depend on the rules in your state. In Arizona they can serve anyone in the home who is of "suitable age and discretion". If the person who was served is disabled then there is a question of whether service is good. If a default judgment was entered you may want to file a Motion to Vacate Default Judgment and explain the fact of it to your judge. I have a tutorial on drafting those motions that can help 👉👉consumer-warrior-project.thinkific.com/courses/how-to-vacate-a-default-judgment
This process has made me feel less than.
Don't give up! Debt collectors will try and beat you down. You can fight back. 👉 consumer-warrior-project.thinkific.com/courses/how-to-vacate-a-default-judgment
What if they sent it in the mail to an address of a family member where you use to live in a state I no longer live?
I’m sorry what was the #1 thing to do to remove the judgement ?
I go over the entire process here 👉 consumer-warrior-project.thinkific.com/courses/how-to-vacate-a-default-judgment
How much crap did I have to read before some real help~thank you!
Thanks for the feedback Stacy! Good luck with your case. If you need additional assistance I have an online course on default judgments at Legal.Coach.
What happened when u missed trial court day , I just happened to me , forgot what day was today ,
Great great video and service. My proof of service is a little bit different I believe. I believe I'm being sued for usury and acting as an unlicensed contractor. To make a long story short I have moved a year before service was attempted. The plaintiff had my phone number and my e-mail address and no effort was made to contact me. Their best friend had my phone number. There's a default judgement against me. I'm assuming maybe they did it by publication? I have to go to court and get the details but in general is this the kind of thing you seen some clients vacate.
I realize you can't provide legal advice this is just a general question for my entertainment
If service was done by publication in Arizona you have one year to seek to have it set aside and defend the case on its merits.
What if I gave the vehicle back willingly??
Still owe. They gonna auction the car and tack the remaining bill to you
If you have a judgement again you. Can you just pay the Dept and have the judgement go away
Your website was working Friday (5/7/21), not today, Sunday (5/9/21)... (?)
skibalaw.com/sued-by-debt-collector/
Thank you
Thank u
Can I find such a lawyer in texas..friendly guy
what default specifically
judgement default ?
that's what it says under ur pictures n self
how much
determine the name who is the lawsuit against or for me
web page doesnt work
When I had court the process server stated they served me personally. They put a generic description that doesn't remotely describe anyone in the house. The thing is this person left the papers in a ziplok bag hung on the door AT MY SISTERS HOUSE!
You can raise that issue in a Motion to Vacate Default Judgment. I have a tutorial at Legal.Coach.
Would your course "How to Vacate a Judgement" work for business?
It is designed to provide information on strategies and procedures to both individuals and businesses who had a default judgment entered against them. The focus is largely on those who were not appropriately served with the complaint and summons resulting in a default judgment.
The rat landlord lied and said he served it to my husband who was sick with COVID! He gave no notice and locked us out a month ago. The rent was paid before he got it!! This is abuse!!!
Sorry to hear about this. Landlord/tenant issues are the worst!
@@Consumer_Warrior I have never heard such a thing. They have no Attorney yet. That is why. These are nice people who don’t deserve this treatment. He is 70 years old. I think it’s elder abuse. I just wish there were something I could do medically. It’s a bad situation when they are playing with his overall health. His stats were all messed up.
What if you were never served? Shouldn't they have proof. I just found out I have a 12 year old judgement.. never got anything.
So you delete any questions in the comments? thats pretty fked bud.
???
@@Consumer_Warrior If you didn't than it must be youtube. I asked a few questions off and on about judgements but they just keep disappearing. So i gave up.
just pay the debt.
That is a simple answer to say, the reality of doing that is often difficult. I rarely meet someone who doesn't want to pay the debt, their financial circumstances make it not possible.
@@Consumer_Warrior Careful, disciplined behavior with money keeps one out of financial trouble. I Have been on both sides of the fence. Budgeting and sticking to it is key.
The USDA demanded that I pay to them the sum of $50,00 plus they alleged a tenant owed. A debt I know nothing about. USDA threatened they would obtain a judgment from the DOJ Scranton, PA. I would not be allowed a court trial. DOJ did pass that judgment. I fought for justice. I have a default judgment against me in the Middle Court, PA 'cos my attorney failed to provide discovery documents. I recently discovered the attorney had been barred WEF April 2022. The DOJ Scranton, PA claimed that they had " Personally " served me. They did not. I have a different address. I asked the Court to instruct the DOJ to provide details of the date, time & place of this alleged Personal service. to date no reply. An ignorant US Atty from DOJ Scranton, PA threatened to swear out a warrant for my arrest. I am not a criminal. I contest that USDA duty was to recover the alleged debt from the sale of the tenant's livestock, machinery etc. Alternately USDA should recover the alleged debt from whoever bought the tenant's property with liens attached. I am an 87 year of age recently retired mason. USDA/DOJ have been suing me relentlessly for more than 5 1/2 years for a debt I am convinced does not exist. Any advice would be welcome. ghyllbeck1@gmai.com
Thank you