srulie Posted December 5, 2004 Report Share Posted December 5, 2004 Hi im located in NYC. My wife had a judgement placed aginst her in 1997 from first card fcc national bank. She was never personally served and I don't belive she ever signed any certified letters i think they may have tapped a paper to her front door.Two months ago they froze my account. At that time I explained that my wife had alot of debts that I settled a few years back and that this debt may have already been settled with another agency. I asked them to please give me documentation proving that this money is owed. Several weeks have passed and I spoke to them and they told me after checking for three weeks and not being able to locate anything that they do not have supporting documentation (but will keep looking)since the debt is so old and can just supply me with an account number date and amount. I asked them how much they would want to settle the matter she answered the original amount was $2800 the judment is for $3200 and the total is now at $5600 (all approximations) She went on to explain that they usually will accept 85% of the 5600. I then sent them a debt validation letter denying any knoledge of the account. Waited 30 days with no answer then went down to court and filed an order to show cause asking the judge to vacate judgement showing him the validation letter with proof of delivery claiming I was never served and creditor refuses to provide proof of debt.I was given a court date for next week...What happens now.Will collection agency be able to prove debt afterall?and if so what proof are they required to show?Should i hire a lawyer? Link to comment Share on other sites More sharing options...
hoapres Posted December 6, 2004 Report Share Posted December 6, 2004 You need to check the enforcement of judgment statutes. The judgment creditor can get a writ of execution to go after you're assets - most likely a bank account and/or obtain a wage garnishment order. Usually, a judgment is for a fixed amount of money and post-judgment interest is allowed. A judgment creditor basically has a legal hunting license to go after you're assets. In certain cases, you can file a claim of exemption to prevent asset seizures and/or wage garnishments. Link to comment Share on other sites More sharing options...
srulie Posted December 6, 2004 Author Report Share Posted December 6, 2004 as mentioned in post they already have a freeze on accounts.I need help what will happen by the hearing next week? Link to comment Share on other sites More sharing options...
hoapres Posted December 6, 2004 Report Share Posted December 6, 2004 I am not a lawyer and none of which follows is meant to be a substitute for competent legal advice. Also, check you're state court rules, my experience is from a California pro per litigant.You need to provide more information regarding the hearing. Presumably, this is a hearing regarding you're complaint of improper service. Unless the original case was heard in Small Claims court, then the proper method to set aside the default judgment is to 1. File a notice of motion and motion to set aside default judgment 2. You're declaration signed under oath stating the facts 3. Maybe a memorandum of points and authorities stating the legal grounds for the basis of granting the motion's request.The judge may grant the request to set vacate the default judgment even though all the paperwork was not properly done. The only issue at the hearing presumably will be on you're request to set aside the default judgment. If the judge decides to vacate the judgment then also request the judge to set aside the writ of execution seizing you're bank account. Also, if the judge vacates the default judgment then you will need to file an answer to defend the lawsuit. Link to comment Share on other sites More sharing options...
LuuCkyJaa Posted December 7, 2004 Report Share Posted December 7, 2004 I also have a "motion to show cause" hearing in NY coming up in two weeks. Please let us know what happens at yours.Kind regards,James from Brooklyn Link to comment Share on other sites More sharing options...
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