Judgment

[Kendra]

Never received summons.

Received letter from Attorneys for Capital One Bank. On top it says Judgment. Roughly $3,000 with additional fees. Shows it was filed with the county clerk. Letter also attached

that says money or property belonging to me can be taken.

Went to bank found account closed. I have no other assets except possible wage garnishment.

Is this a default judgment or has it not gone that far yet?

Is there anything I can do at this point. I don't have money to pay this.

If they decide to do wage garnishment do they have to send me any further documentation than the letter I already received? How will they find out where I work?

[DocDon]

The information you provided is too cryptic to comment on.

Letter from who? Letter from the court or letter from the attorneys that says your stuff can be taken?

The paperwork will say "default judgment" on it.

You need to read your state's Service of Process Rules.

[Kendra]

Received in the mail a piece of paper that looks like this

Name of credit card's attorney and file no

Client acct. no.

Says: Supreme Court of the State of NY County of (my county)

Captial one bank, Plaintiff, vs. (me), defendant

Then off to the side it says judgment(not default judgment) and has an Index no. It has a stamp on it that says County clerk and $45 paid.

Show amount claimed in complaint, Interest and Additional fees added on.

Shows lawyers name, address phone#, but no signatures.

Then goes to say Now on motion of (name of attorney for creditcard) it is adjudged that Captial One Bank and their address recover of (me) and my address and the sum and that the Plaintiff have execution therefor, and then it has a date and 1 more stamp saying entered on Jan 21, 2005, in the County Clerks office, there is also the signature of the deputy county clerk. Also says: The undersigned, an attorney admitted to practice in state of ny associated with the attorneys for plaintiff, under penalty of perjury afirms the following to be true: The disbursements specified above have been or will necessarily be made or incurred and are reasonable in amount. Defendent has failed to appear, answer or move herein and the time to do so has expired. Plaintiff is entitled to judgment by default. A copy of the summons was deposited on 11/15/04 in a sperated post paid envelope in a official depository of the us mail with ny state addressed to defaulting defendants last known address. More than 20 days has elapsed and the envelope has not been returned as undeliverable. Dated January 10, 2005.

Attached to the judgment is a letter from the credit card's attorney saying: Please be advised that above creditor recently obtained a judgment against you upon which the above amount is due.

Unless previouly entered into payment schedule we will take measures permited by law to enforce judgement and there was a scribble for a signature.

Then I received letter from my bank saying they have been served with the enclosed legal directive against you (although nothing was enclosed). As a result we are required to place a hold on the above referenced account. Please call plaintiff's attorney with any questions.

As I said before I received no summons! I called the clerks office after I received the paper that said judgment and asked if I missed a court date and she replied no there was no court date. This never went in front of a judge it was filed by the plaintiff's attorney. I don't mean to be so windy, but I wanted everyone who reads this to fully understand and possible help me out. I read that if a summons was sent I would have received it by certified return receipt mail. Also my question once again is ... Is the a default judgment or just a judgment and is there a difference? I did also write and ask for debt validation, but not until I received judgment paper work because thats the first thing I received from the plaintifffs attorney.

Any advice on what I should do now besides shut up Thanks for any help that anyone can pass on.

[legend]

This is exactly what happened to me and in another county! I knew nothing about a court date and Clerk confirmed as well. I too am in NY upstate area lawyer was J William Obrien in case yours is the same.

Mine has been 4 years now and he is now threatening jail time if I dont fill out a information subpoena which I already did and he lied about when filling out the contempt of court papers.

[creditlaw]

that is actually illegal from what i've learned in law school you need to be properly served for starters according to everything i've learned and studied

[Kendra]

Thanks for responding: To legend: No the lawyer for the plaintiff is not the same one you listed. What are doing now about your situation? Did they ever garnish your wages?

To: Credit Repair: You said you think this is all illegal, but how do I find out for sure? What kind of lawyer do I need? Thanks.

Also is a default judgment and judgment the same thing?

[DocDon]

Start by looking at NY's Service of Process Rules:

http://www.megalawserve.com/states/ny.php