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HELP IM GOING TO LOSE MY HOME, CARS, PAYCHECK


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APPROX. 1999 I had fallen behind in my discover card payment i was contacted by them and had them start taking the payments directly from my checking acct. i was then contacted by a collection agency "Pay My Bills" who said that if i paid $1500.00 of the $2500.00 debt they would consider it paid in full. After a lot of chasing them for a receipt which never came i was contacted last my by PRA III, i faxed them a response the day i received the letter of dunning and never heard from them, i emailed them again on august 11, on August 20 i received a letter from the court stating "you are being sued". I filled out my answers, then was given a court date on which i appeared. right after my name was called i was approached by an atty who asked me to step outside. He said we could go thru a mediator, we went into a conference room when i asked where the mediator was, he stated "we dont need one we can come to an agreement on our own" i stated that this debt was paid and that i was waiting on my bank statements as proof. he had me sign agreement that said i would be credited any payments made. well i sent him my bank statements and they ignored them and pushed a judgement through. I wrote a letter to the judge, stating how i was railroaded from having my say in court, that my evidence was ignored and that the plaintiff never ever proved his case, the judge ignored my motion to vacate even though there were plenty of debt collection and credit reporting violations that i had listed. The other day the sherriff came to my door with a writ to take my property. what can i do next?

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It does sound shady and I'd bet it's LDV in Vineland. Generally you cannot lose property with unsecured debt. BK may be your best option. Discover is tough, nasty and quite frankly they really don't care. Why anyone would want a Discover Card in their wallet or merchant accepting their ridiculous fees, I'll never know. Discover is a good reason the costs of goods and services have escalated for everyone. Folks, don't let this monster slap you around!

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The sheriff can take personal property to pay a money judgment. What you got is a " body execution" that puts Discover ahead of any other judgment creditors you may have. They have to identify property before they can take it. of course, if teh sheriff served you with an income execution, that is another thing. Close your bank accounts if you can.

Sounds like you should get a lawyer pronto. You might get the judgment vacated, or get the attorneys for Discover to listen. Don't wait, though.

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Ok.. along with all of this you SHOULD have gotten some kind of notice that you are allowed certain exemptions from judgment !! ! I'd be willing to bet that most if not ALL of your personal property can be exempted from siezure but you have to FILE THE EXEMPTIONS with the court to prevent them from taking your stuff. Call the court clerk ASAP and ask if they have a form to use to claim your exemptions and get it done and filed with the court immediately. Anything not on the exemptions list they can take, most people lose NOTHING.

Definitely get a lawyer - you were conned.

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thank you all so much for replying the problem is one attorney told me that because i signed that agreement stating i would send them evidence whether they chose to accept it or not, they could still get away with it. the 2nd attorney i went to took my deposit never deposited it and i never heard from him. I know i have been duped, im just lost and im not quite sure what to do. because my husband makes too much money they said i do not qualify for legal aid. i thought of turning both the attorney and the collection agency which was PRA III by the way into the FTC and the attorney generals office and filing a counter suit for harassment and the fair debt collection and fair credit reporting violations. what do you think? I also had filed a motion to vacate the day they threatened me with "We will be in court at 9am on june 25th, and if you are not there we will file a motion to have you incarcerated until you fill out a summary judgment. they never showed up i was there for 2 hrs in the judges courtroom, i checked with both the clerks office and the judges secretary and both stated that the attorney was never there. What now? the judge told me that he was voting in favor of the plaintiff because none of the details were being argued. if you could see my file all ive done is fight this, it makes me think the judge was bought off. i thought the burden of proof was on them turns out it was on me i guess

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bubblesbgood

I also had filed a motion to vacate the day they threatened me with "We will be in court at 9am on june 25th, and if you are not there we will file a motion to have you incarcerated until you fill out a summary judgment. they never showed up i was there for 2 hrs in the judges courtroom, i checked with both the clerks office and the judges secretary and both stated that the attorney was never there. What now? the judge told me that he was voting in favor of the plaintiff because none of the details were being argued. if you could see my file all ive done is fight this, it makes me think the judge was bought off. i thought the burden of proof was on them turns out it was on me i guess

WTH?! You had a date set to appear in court on June 25th, you showed up and the collection attorney didn't, and the judge ruled in favor of the collector? Am I understanding this correctly? If so, that seems extremely shady! Call the FTC call your AG and stay on the phone and ask as many questions until they answer each one of them. I wish I knew how to help you out because this is just wrong!

Best of luck

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i read your response and yes i will definitely file a complaint with the judicial administration! why even after i wrote a letter to the judge directly telling him i was being railroaded and ignored and that they never gave me one shred of evidence as to the validity of this case he decided to ignore me too. little lisa i read your answer NO i didnt have a court date but i received a letter from the attorney telling me that they were going to be there and file a motion because i had not filled out a summary judgement answer or whatever it was to give them all the information on my bank accts, etc. i thought they should feel how it is to be ignored. if im correct they cannot threaten me with any action that they do not intend to take its part of the fair debt collection i think does any one have any info on this? also i called the clerks office who informed me that they do not have an exemption form i have to send them a letter with my objections and get a court date. How the heck am i supposed to write this and sound like i know what im doing? lmao any info will help im taking all of your advice here and following through. lets see how it goes. thank you

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Seems that every state is different....

This is for New Jersey:

In instances in which someone believes that a judge acted improperly, a complaint may be made to the Supreme Court's Advisory Committee on Judicial Conduct. The committee, composed of private citizens who are appointed by the Supreme Court, reviews allegations of judicial misconduct. The committee deals with questions of conduct only and not with the correctness of judicial decisions, which are matters for appeal. Depending on the Advisory Committee's findings and upon its own review of a complaint, the Supreme Court may sanction a judge. Sanctions range from reprimand, censure and suspension without pay, to removal from judicial office.

The Advisory Committee on Judicial Conduct may be reached at (609) 292-2552. Correspondence, including complaints, should be addressed to the Advisory Committee on Judicial Conduct, CN-037, Trenton, NJ 08625.

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  • 2 weeks later...

thank you very much for all of your information doc don as well as the rest of you. last wednesday i got a notice in the mail that they were going to garnish my paycheck (i work part time nights at walmart). In the meantime i have sent on complaints to the dept. of consumer affairs as well as the FTC, who knows someday maybe this will get straightened out. It was nice to hear some words of advice and encouragement in here. keep your prayers up i sure do need em!

thank you

bubblesbgood

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hello lady ty for your response. I was wondering that because in the letter i received it said that if i made less than 154.00 they wouldnt take anything. I figured i'd be a snot and not say anything and just let them do it as that is approximately what i make, let them dupe themselves.

thank you again

bubblesbgood

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