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Ok I just thought I would pass this on to everyone. Got a summons on Dec.21,2003. Never had one before. Had no clue what to do. No date or time to appear. In fact they said I didn't have to appear just notify in 30 days. Rubin and Rothman.attorneys at law. Sent letter the next day plus fax. I told them that there was no time or date to go to court and that i have been trying to settle with them for months now. No response. March 25, Got a letter that they have a judment on me. Called them they said that i would never answere their call. And that my settlement wasn't enough. I always said contact me in writing when I contacted them. Needless to say they frozen my accounts. I am confused. I didn't know about validation before but I thought I would atleast have a day in court or something. They frozen everthing including our safe disposit box. Where did I screw up. What shouldI have done before it got this far other that pay them what they wanted. Could I have ask for validation after the summons and before the judgment. Capital One will do anything for as little as $1000.00. :cry:

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I think I screwed up when I sent Capital One's lawyer a letter. I didn'tn't tell them that I didn't owe them I just told them that I didn't understand the summons and would they take 20% that was all that I could afford. They never called me back. And I never knew anything until i got the judgement letter and then with in 2 days they seized my bank acct. You say contact the court . How, I called the city court and they have no letters to vacate and that I should contact a lawyer. I guess now they are paid and I should worry about how it's going to be on the credit report.

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Our county clerk posts forms on the internet..this is their Motion For Relief of Judgement that I have used sucessfully. It's in PDF format. If you can't get it, let me know and I will try to get it to you another way.

Good luck!

http://www.hillsclerk.com/content/acrobat/forms/county_civil/cocv1116.pdf

I got the form but it is for Florida, I live in New York. I called my county clerk and she said she didn't have any forms. Would you happen to know where I could get them in the internet. I really think something wasn't right but being this is the first time I was scared and confused. I really don't understand how they got the judgment. I contacted them 2 times once by fax and once by certified mail. I really don't know what the reason was that they got the judgment on me. Was it because I sent them a letter telling them my situation and what if could afford. Or is it that they just lied and said that I didn't answer the summons.

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You needed to answer the summons through the court that the summons was filed in.

You now need to contact the court that the Judgement was filed in and request a Motion to Vacate.

You can ask the CRAs to tell you were the judgement was filed.

Then follow up.

A CA filed a suit against me and was hoping for a default judgement but I went down to the clerks office and file a response to the Suit. The court then set a date so I could defend myself in court against the suit.

I your case You did not resopnd to the suit so Cap One got a default Judgement against you.

You should have received a DEMMAND LETTER if you did not respond to the Letter then you were sent a SUMMONS (also known as being served).

If you don't respond to the SUMMONS with in the time limit (Usually 30 days) a default judgement is then entered against you.

Hope this helps.

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You needed to answer the summons through the court that the summons was filed in.

You now need to contact the court that the Judgement was filed in and request a Motion to Vacate.

You can ask the CRAs to tell you were the judgement was filed.

Then follow up.

A CA filed a suit against me and was hoping for a default judgement but I went down to the clerks office and file a response to the Suit. The court then set a date so I could defend myself in court against the suit.

I your case You did not resopnd to the suit so Cap One got a default Judgement against you.I did respond to the lawyer like it said in 30 days but they still got a judgement. It didn't say respond to the court it said repond to the plainiff or the address below which was Rothman in Ny. I did it the next day.

You should have received a DEMMAND LETTER if you did not respond to the Letter then you were sent a SUMMONS (also known as being served).

If you don't respond to the SUMMONS with in the time limit (Usually 30 days) a default judgement is then entered against you.

Hope this helps.

I didn
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