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Judgement Info Please


pnc
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:-( Can someone please advise with info. I went to court for citibank. The judge granted our discovery. We received info from citibank which wasn't the proper discovery request. We kept our court date however, when we showed up for the court we were informed that they won due to default judgement due to us not showing. We never were notified. We did a summary to vacate the judgement and the judge denied us. Then they put a thing through to garnish my pay. I'm trying find out what I can do. It is clear we were denied our Leagal Rights. Any help would be greatly appreaciated.
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You have to ask the court to vacate the judgment. Your argument is that you did not receive proper notice. I don't know what the exact legal method for doing that is in your state. You can simply go to the courthouse and ask the clerk how to file a motion.

-r

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We did a Summary to vacate the judgment but was denied. I'm not sure I can appeal it. And if I can would it be through the same court? Also, our pay got garnished and we filed for installements which we were granted but the lawyer violated it and took out the moneys now the judgment is all paid off. Is there anything we can do about this as well???

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It is clear we were denied our Leagal Rights

What is clear is you were tricked. CA's love default judgements and will go to any length to get one. Check with the clerk see how they slipped this one by.

razr is right motion to vacate, it was denied. You can always appeal; now you need to appeal.

A defendant may formally file for appeal in the court where the case was originally heard within ten (10) days of receiving the Notice of Judgment and Order to Pay. Saturdays, Sundays, and holidays count in the 10-day period, but if the tenth day falls on a Saturday, Sunday, or legal holiday, the defendant may file for appeal on the following business day.

In some courts, a plaintiff who lost case may file a motion to reconsider, in which the original clerk magistrate would reconsider the judgment, as the name suggests, or uphold and explain the original judgment.

Also..Some courts allow a plaintiff to file a motion for a new trial.

Your not dead yet...check your state laws. Good Luck

Cheers

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Just to add to what Debtonator has said so far...

Did you ever receive garnishment papers? Once the garnishment has been granted, you're supposed to be served with Intent to Garnish papers. In these papers there is a Debtor's Response that has several reasons why you should NOT be garnished. Once this has been filled out it needs to be given to your Payroll Dept. IF you fit one of the reasons for whatever your defense is, this should have put a STOP to the garnishment and set another court date. It is not too late to file those papers. You can get a copy of them from your case file with the clerk of courts. What will happen is, you get your case heard and if you win, the money MUST be returned to you that they took.

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The only garnishment paper we received was from my husband's work which citibank lawyer sent them. all it said was they were taking out a %. I looked on MI law's and cannot seem to find what the length of time is so I can appeal. I do believe my rights were very much violated. I ordering the transcripts and writing my General Attonery to see if something can be done. I cannot afford a lawyer so need to do this on my own...

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