confusedone Posted November 20, 2008 Report Share Posted November 20, 2008 Please any advise would be appreciated! Apparently I missed my court date for a credit card lawsuit (already went to status hearing, this was the "final" court session)! I have my paperwork that I THOUGHT said 11/21 and I just now checked to see what time tomorrow it said 11/20 @ 8:30 am. I completely missed this! Does anyone know if the court is able to reschedule a hearing for any reason if I didn't show up? I know it sounds totally irresponsible but this is completely unlike me. This debt isn't even mine, it's my ex-husband's that happened to have my name as well. He took this is our divorce settlement, I took the other debt. Apparently they cannot locate him & so I was having to go to court over this.Any help, ideas, experiences would be greatly appreciated!! Link to comment Share on other sites More sharing options...
bobdole369 Posted November 21, 2008 Report Share Posted November 21, 2008 (judge)"For the Defense?"..."For the Defense?"..."DC vs. confusedone - for the Defense?"..."This court finds in favor of the plaintiff, next case?"Tough one. Please any advise would be appreciated! Apparently I missed my court date for a credit card lawsuit (already went to status hearing, this was the "final" court session)! I have my paperwork that I THOUGHT said 11/21 and I just now checked to see what time tomorrow it said 11/20 @ 8:30 am. I completely missed this! Does anyone know if the court is able to reschedule a hearing for any reason if I didn't show up? I know it sounds totally irresponsible but this is completely unlike me. This debt isn't even mine, it's my ex-husband's that happened to have my name as well. He took this is our divorce settlement, I took the other debt. Apparently they cannot locate him & so I was having to go to court over this.Any help, ideas, experiences would be greatly appreciated!! Link to comment Share on other sites More sharing options...
BTO429 Posted November 21, 2008 Report Share Posted November 21, 2008 file a motion for continuance, lawyers do it all the time, I missed a court date a couple weeks ago and filed a motion for continuance, a week later I got the new court date. Just explain what happened and see if the judge will accept it ya never know. But I know one thing f ya don't try it ya wont get it, if ya do try it ya might. Link to comment Share on other sites More sharing options...
admin Posted November 21, 2008 Report Share Posted November 21, 2008 Did they grant the judgment in favor of the plaintiff? Link to comment Share on other sites More sharing options...
confusedone Posted December 3, 2008 Author Report Share Posted December 3, 2008 Thanks all for the replies! Yes a judgement was filed. I motioned for continuance & just got denied. Any other ideas? Could I possibly vacate the judgement somehow? They have no proof other than credit card statement from a few years ago, balance etc... The debt was my ex's, written off in the decree. I never signed anything to get added to the credit card. This is w/ some lawfirm that I assume bought the debt from Wash Mutual.Thanks! Link to comment Share on other sites More sharing options...
admin Posted December 3, 2008 Report Share Posted December 3, 2008 Yes, you can file a motion for vacation, but you will need a good case. You will also need to provide a good explanation on why you missed the court date. Link to comment Share on other sites More sharing options...
confusedone Posted December 3, 2008 Author Report Share Posted December 3, 2008 Yes, you can file a motion for vacation, but you will need a good case. You will also need to provide a good explanation on why you missed the court date.When I filed for a continuance after missing court, I- like an idiot, told the truth that I just missed court. I had called the courts office several times and they told me there as no record of the case w/o me having a case number. They plaintiff responded to my continuance by saying that I had signed on the revised court date, which I guess I did back in July at the pre conference hearing. So, I was denied a continuance & judgement stands. Do you think I should go ahead & file a motion to vacate even w/ my lame explanation of missing court? I guess the only leg I have to stand on is this really shouldn't be my debt. I never signed on it, I don't believe I've charged on it & it was dismissed in our divorce decree to my ex-husband. The OC was Providian, then Providian joined with Washington Mutual the card was still in good standing. After my ex quit paying on the card 2 years ago it was sold/transferred to this Lawyer's office. I know its always worth a try but I don't like to get my hopes up that I'll be able to present my case. Do you think this has a chance & do you think I should go ahead & file a motion to vacate? Thanks so much for your help! Link to comment Share on other sites More sharing options...
admin Posted December 3, 2008 Report Share Posted December 3, 2008 I would file one, you have nothing to lose. Gather enough evidence that it shouldn't have been granted in the first place and you may get it overturned. Link to comment Share on other sites More sharing options...
confusedone Posted December 11, 2008 Author Report Share Posted December 11, 2008 Any idea of what sort of evidence? Unfortunately after the divorce most of our things were divided and/or trashed. I'm KNOW the lawyer doesn't even have an application since I never signed anything. Plus the OC was bought by another bank a couple of years ago & then the debt was sold/transferred to the attorney. The debt is showing on my credit report though. I'm willing to do all that I can to get this taken care of... Any thoughts or ideas would be appreciated! Thank you! Link to comment Share on other sites More sharing options...
gator944 Posted December 11, 2008 Report Share Posted December 11, 2008 How about sabotage? Yeah, that's it....sabotage! Perhaps your wife threw all of your important papers out. You didn't give that reason with your first request out of embarrasment and you questioned its legitimacy.If you still come up empty try "pretty please" followed by crying with actual tears. Has always worked for me. A girl crying is one thing, but a grown man boo hooing is an entirely different scene. Link to comment Share on other sites More sharing options...
confusedone Posted December 11, 2008 Author Report Share Posted December 11, 2008 The Judgment was entered against me on November 20th 2008.I did not file a written response OR appear in Court on the date of the trial or the date of the entry of judgment because: An error on my part resulted in me missing my court date. As soon as I realized I had missed my court date I have been proactive in attempting to set aside the default judgment that was entered against me since this alleged debt has not proved to be valid or legal. I believe I can provide the following facts to prove my case or to establish my defense: The plaintiff has failed to provide any legal documentation proving the alleged debt is legal. The plaintiff has not provided any documentation of an agreement, or a contract existing between myself & their companies. The alleged debt is not correct, or valid as I have never had any debts, obligations, or agreements with “Basic Recovery”, or “Washington Mutual” as accused. I have never signed any applications, documents, or agreements with these companies listed. The alleged account #4185860592626937 did appear on my credit report from a different company named “The Bureaus Inc.” in September 2007. The debt listed was not mine and I dispute the debt directly to “The Bureaus Inc.” on September 18th 2007. I did not receive any response from the company “The Bureaus Inc”. The plaintiff’s exhibits submitted do not show any proper evidence of the alleged validity of the debt. None of the exhibits submitted provide me with any paperwork showing that I have agreed to any such debt. The plaintiff did not explain how they calculated the alleged debt, or has even explained what the alleged debt was for. There is absolutely no proof of indebtedness on my part and the plaintiff has failed to supply any relevant evidence to support their claims. Therefore, I motion and order to set aside default judgment based on lack of legal evidence Link to comment Share on other sites More sharing options...
troubleinaz Posted March 2, 2009 Report Share Posted March 2, 2009 How did that work out for you? I missed my date too, but before they filed for the default judgment I got to court and filed an answer. Mind you it was a few days late....Midland sent their interrogatories & I received them on Friday...but then on Saturday I received a notice of intent to seek default. So, I don't know if there is anything I can do or not. Was there any success in filing your answer?I could use some help. Link to comment Share on other sites More sharing options...
nateweb Posted March 2, 2009 Report Share Posted March 2, 2009 How about sabotage? Yeah, that's it....sabotage! Perhaps your wife threw all of your important papers out. You didn't give that reason with your first request out of embarrasment and you questioned its legitimacy.If you still come up empty try "pretty please" followed by crying with actual tears. Has always worked for me. A girl crying is one thing, but a grown man boo hooing is an entirely different scene.What are you smoking dude? The OP has been talking about her ex-husband the whole time. It would help us all if you would at least read posts thoroughly before mocking them--unless you want to keep looking like an unhelpful a-hole. Link to comment Share on other sites More sharing options...
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