tsegnit Posted March 17, 2007 Report Share Posted March 17, 2007 Hello everyone;This is my first post asking for help; please see my "newbie" post to see my background. Now to the point:1) A law firm in CT has sent me a very official looking "MOTION FOR DEFAULT FOR FAILURE TO APPEAR, JUDGMENT AND ORDER FOR WEEKLY PAYMENTS".2) I never received any notice from the Superior Court to appear.3) I never received anything from the LF other than demands for payment, which I responded to w/ requests for validation, sent certified, return receipt mail.4) In short, I have a copy of my offer of final payment to the Original Creditor, the postal money order receipt & copy, a copy of the CC bill that they applied my offer effectually acknowledging their acceptance, I have a (certified, return receipt) paper trail of the numerous CA's this purported debt has been shuffled through to this point, blah, blah, blah...Question A: because this "motion" was not personally delivered to me by an appointed officer of the court, nor was it sent by certified mail, should I ignore it because they (LF) have no proof that it was delivered?Question B: because it "appears" that I defaulted by not showing to a previous order to appear (I really never received anything) should I acknowledge this "Motion", go to the court, talk to a judge, show the paper trial I have and attempt to give this Law Firm (admitted CA) a hotfoot?Question C: does it sound like the LF/CA is using extreme scare tactics (the SOL runs out in about 60 days). The documents they sent look like they were downloaded from the internet.If anyone can offer some assistance, it would be sincerely appreciated.Thank you,Tom Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted March 17, 2007 Report Share Posted March 17, 2007 You maybe getting ahead of yourself here.. first thing you need to do is check the courthouse in your county to find out if this is legit and if there is any judgement against you or an "offical looking letter".. this is where you startIf they did file and got a default judgement depending on your state laws you may be able to fight it..I am curious. who is the CA Link to comment Share on other sites More sharing options...
tsegnit Posted March 17, 2007 Author Report Share Posted March 17, 2007 Thanks for the reply; the Law Firm / Collection Agency is Reiner, Reiner & Bendett out of Farmington, CT.How do I find out if there is a judgment against me without raising any eyebrows?Thank you,Tom Link to comment Share on other sites More sharing options...
kevin3344 Posted March 17, 2007 Report Share Posted March 17, 2007 (edited) A judgment is public record, you can call the court clerk and get copies. In your paperwork does it say the judgment was filed?________DevonMichaels live Edited September 9, 2011 by kevin3344 Link to comment Share on other sites More sharing options...
tsegnit Posted March 17, 2007 Author Report Share Posted March 17, 2007 I do not see any remarks that a judgement has been filed, but they (LF/CA) sure are trying to make it look like there is. I found one paper titled "NOTICE OF JUDGMENT AND ORDER FOR WEEKLY PAYMENTS"; All spaces that provide for amount due on claims, interest, attorney fees, etc are BLANK. The section that indicates WEEKLY PAYMENTS has the amount blank, the date of payments is blank, by the court is blank, etc. The only item that is filled in is PAYABLE TO: R, R & B.Are they blowing smoke? As I stated earlier, these papers were sent by regular mail, nothing certified, no sheriff and I REALLY NEVER received any summons to appear from Danbury Superior Court. The SOL is up in 60 days; should I not respond to this communique?Thank you everybody,Tom Link to comment Share on other sites More sharing options...
kevin3344 Posted March 17, 2007 Report Share Posted March 17, 2007 (edited) What I meant was in your paperwork does it point to a specific court where they may have attempted to file this document? It sounds like it hasn't been filed yet. I would call the clerk of Danbury Superior Court on Monday and see if they have anything regarding it.________GONG BONG Edited September 9, 2011 by kevin3344 Link to comment Share on other sites More sharing options...
Recovering Attorney Posted March 17, 2007 Report Share Posted March 17, 2007 Read what you have. It appears to me they sued you, now are seeking a default judgment and a contemporaneous enforcement. You need to get to the courthouse and look at the file. If you ignore this, you will give them the default judgment they want. Forget the SOL, you were sued, dude! Link to comment Share on other sites More sharing options...
Recovering Attorney Posted March 17, 2007 Report Share Posted March 17, 2007 a lawyer is an officer of the court and they do not have to serve you personally with motoin papers unless the judge orders it. Link to comment Share on other sites More sharing options...
tsegnit Posted March 17, 2007 Author Report Share Posted March 17, 2007 If they did sue me, aren't I supposed to be notified by the court (or someone)? Them trying to get this through w/o notifying me; is it kosher? Again, I never received received any paperwork from the court or the LF/CA...Thanks,Tom Link to comment Share on other sites More sharing options...
unusualsuspect Posted March 18, 2007 Report Share Posted March 18, 2007 In some states, lawsuits can go forward without service upon the defendant. This is called a "Non Proof of Service Hearing" in CA. Basically, if a defendant cannot be served, the plaintiff will have this hearing and let the court decide if this case can proceed. Usually the plaintiff gets 90 days from the lawsuit filing date to serve the defendant. Link to comment Share on other sites More sharing options...
ms6073 Posted March 19, 2007 Report Share Posted March 19, 2007 If the CA pursuing this debt has not filed suit, then they have opened a bunch of doors with violations of the FDCPA as well as state deceptive trade practices laws. But if this is legitimate and the CA/Law Firm does not have a current/valid address and attempts to notify you of the suit were unsuccessful, then the CA can resort to alternative means of serrvice. In many states, if a suit is filed and direct service is unsuccessful, then service can be effected by posting notice of the suit in the Public Notices page/section of local papers. Link to comment Share on other sites More sharing options...
unusualsuspect Posted March 19, 2007 Report Share Posted March 19, 2007 You should look in the local paper going back about 6 months or so to make sure the plaintiffs didn't publish notice of service. If they did, then it's just as valid if someone handed you the summons. If they did not, then you may have reasonable grounds to get the whole thing dismissed because of improper service. Link to comment Share on other sites More sharing options...
ocn2000 Posted March 19, 2007 Report Share Posted March 19, 2007 It seems funny that the could not find you to serve you a summons, yet they have your address and you recived their letter through regular mail? Link to comment Share on other sites More sharing options...
tsegnit Posted March 19, 2007 Author Report Share Posted March 19, 2007 Thanks for replying everyone. Today (3-19) I went straight to the Court House and showed the clerk the papers that I received saying (basically) that I did not show up beforehand, therefore they (CA/LF) were asking for everything under the sun. The clerk (nice lady) looked things over, got her paperwork and, looking at me over the top of her glasses said, "they can't do this" and that their method of claim was invalid . I did fill out a form for her w/ the docket# and my info. The court is sending a notice to the CA/LF that they basically got snagged for doing a no-no. She told me to wait until I hear back from them and see what tact they will try to employ next.I asked about submitting a motion to dismiss, and she suggested that I wait to see what the morons do next. I think I should submit it now (with copies of all evidence I have refuting their claims on their motion) and adding in that they claimed they had me served (LIE) and that the CA/LF was/is being deceitful in trying to get a decision in their favor through subversive means.Any thoughts? Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted March 19, 2007 Report Share Posted March 19, 2007 Thanks for replying everyone. Today (3-19) I went straight to the Court House and showed the clerk the papers that I received saying (basically) that I did not show up beforehand, therefore they (CA/LF) were asking for everything under the sun. The clerk (nice lady) looked things over, got her paperwork and, looking at me over the top of her glasses said, "they can't do this" and that their method of claim was invalid . I did fill out a form for her w/ the docket# and my info. The court is sending a notice to the CA/LF that they basically got snagged for doing a no-no. She told me to wait until I hear back from them and see what tact they will try to employ next.I asked about submitting a motion to dismiss, and she suggested that I wait to see what the morons do next. I think I should submit it now (with copies of all evidence I have refuting their claims on their motion) and adding in that they claimed they had me served (LIE) and that the CA/LF was/is being deceitful in trying to get a decision in their favor through subversive means.Any thoughts?the only thought that runs through my head is that you found someone helpful at the courthouse.. our courthouse acts like they are annoyed if they have to deal with anyone from the lowly public. Link to comment Share on other sites More sharing options...
divemedic Posted March 20, 2007 Report Share Posted March 20, 2007 Just be careful accepting legal advice form a clerk. That can get you in trouble. Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted March 20, 2007 Report Share Posted March 20, 2007 Just be careful accepting legal advice form a clerk. That can get you in trouble.so true.. the ONLY thing I have ever heard from a clerk is .. consult a lawyer... I swear I would get that response if I asked her to point me to the bathrooms. Link to comment Share on other sites More sharing options...
tsegnit Posted March 20, 2007 Author Report Share Posted March 20, 2007 It wasn't what I would classify as "legal advice"; it was a fact that was recorded and notification being sent from the court to the CA/LF that they just got a booger wiped on their sleeve... Link to comment Share on other sites More sharing options...
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