HAUGHT22 Posted April 3, 2004 Report Share Posted April 3, 2004 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. Link to comment Share on other sites More sharing options...
Joeybadabing Posted April 5, 2004 Report Share Posted April 5, 2004 You needed to tell the court, the court that the suit was filed in, that you deny owing any money. The lawyers got a DEFAULT JUDGEMENT against you. You now need to file a MOTION to VACATE the judgement. Link to comment Share on other sites More sharing options...
HAUGHT22 Posted April 6, 2004 Author Report Share Posted April 6, 2004 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. Link to comment Share on other sites More sharing options...
vettegirl98 Posted April 6, 2004 Report Share Posted April 6, 2004 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 Link to comment Share on other sites More sharing options...
HAUGHT22 Posted April 7, 2004 Author Report Share Posted April 7, 2004 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.pdfI 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. Link to comment Share on other sites More sharing options...
Joeybadabing Posted April 7, 2004 Report Share Posted April 7, 2004 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. Link to comment Share on other sites More sharing options...
HAUGHT22 Posted April 11, 2004 Author Report Share Posted April 11, 2004 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 Link to comment Share on other sites More sharing options...
Joeybadabing Posted April 13, 2004 Report Share Posted April 13, 2004 If you did not receive any notices then you were not served properly and should get the Judgement Vacated. Link to comment Share on other sites More sharing options...
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