Judgement - When can this be placed on you - Timeline

[Deepdoodoo]

1. received letter to inform that:

so and so (JDB) has been retained...blah blah blah..

Fed law gives you 30 days after you receive this letter to dispute validity of debt....

If you dispute this by notifying us in writing within 30 days we will, as required by law obtain and mail to you verification (As we know they don't have it) of the debt or a copy of the judgement, if any. Blah blah blah...

1. after you RECEIVE this letter

2. WITHIN 30 days

Q: Which is it? Which time reference is most important to go by?

3. Copy of Judgement

Q: They would already have one before answer filed, court date?

Is this a common threat or what?

Seems highly unlikely someone is floating around with a judgement before you are informed of one existing.

Are there any fast and hard rules to issuing a judgement?

Is there a common timeline when one is usually issued? (after answer filed, before a court date is set...?)

[rambler]

That is a simple boilerplate form. Pretty sure that wording is straight from the FDCPA on what it required, it by no means they have a judgment.

In a perfect world, for them to have a judgment you would have been served a summons, and then either failed to answer/show up to court, or showed up and lost.

Chances are, there is no judgment they just use the same letter for all cases. If there is a judgment though and they send you a copy and you were never served, then you can go after them for that.

[racecar]

Debt Validation

To:Creditors Name

Address:

Acct: #- XXXXXXXXXXX

From: my name

my address

To Whom It May Concern:This letter is being sent to you in response to a notice sent to me on March 12th, 2012. The alleged account and debt are disputed in their entirety. Validation is requested.All telephone calls to me are inconvenient. Please only communicate with me by US Mail only.

[Deepdoodoo]

That is a simple boilerplate form. Pretty sure that wording is straight from the FDCPA on what it required, it by no means they have a judgment.

In a perfect world, for them to have a judgment you would have been served a summons, and then either failed to answer/show up to court, or showed up and lost.

Chances are, there is no judgment they just use the same letter for all cases. If there is a judgment though and they send you a copy and you were never served, then you can go after them for that.

Thank you.

So sorry, I failed to mention...the summons arrived the next week after the letter above.

Our answer was filed today.

Court date set.

Validation letter was sent.

Any idea, then, how quickly they could issue a judgement?

Can a judgement be issued before a court date?

Edited March 12, 2012 by Deepdoodoo

[Guest usctrojanalum]

In litigation now, just make sure you show up to all your Court dates.

[credit911]

(deleted)

Edited March 12, 2012 by credit911
deleted

[rambler]

Deepdoodoo,

Not legally. To get a judgment early, they would have to file a motion to change the dates and you would have to be notified. Just make sure you show up to court and be prepared to fight it. Not showing up = win for them.

Any judgment will only be entered by the judge hearing the case. Whenever your date is, that's the soonest it can happen unless you did not dispute anything in your answer. Then they could file for summary judgment. As long as you raised a defense though it has to go through the proper channels.

[Deepdoodoo]

Thank you Rambler

Filed on time - denial

I think that the scariest thing that we did, though, ...was to send a response to the initial letter, 11th hour.

(thus my asking about the two ways in which the 30 day deadline was presented in the letter - above mentioned)

Final date possible (we think???) tomorrow.

Time constraints on being able to do that, on our end...very tight.

AND

JDB provided only a P.O. Box

sent: 1. to P.O. Box from PO Box actual location

2. to actual out-of-state address (finally found on the internet) over-nighted

Both with proof of delivery/receiving

Q: Do you think it is a good idea to send, yet another copy via email (return receipt)

And any thoughts on having responded to the letter a day after filing an (summons) answer, though still w/in the 30 days.

Edited March 12, 2012 by Deepdoodoo

[Deepdoodoo]

A default judgment was entered against me and the local superior court sent me Notice of levy Writ of Execution under money judgment and recordation of involuntary property lien. I have no assets, no property, and unemployed since 2008.

The judgment creditor offered a settlement. I have not accepted it yet as I want to make sure that the terms and conditions are properly outlined in the settlement agreement. Any help on this would be greatly appreciated.

Credit911 - Can you ask this, as your own question in the general forum, pretty please.

Thanky thanky

Edited March 12, 2012 by Deepdoodoo

[credit911]

Credit911 - Can you ask this, as your own question in the general forum, pretty please.

Just deleted.

Edited March 12, 2012 by credit911

[rambler]

Wait, hold on am I reading this right...You got a summons with only a PO box from the CA? Any actual summons should be from the court and the answers to the court. If I understood you correctly I think you may have a nice false and misleading information/forms case there.

*edit* re-reading this I think I may have a better undertsanding....

NM, you said you got a summons too right? From the court. Send DV and nothing else within the 30 days to the CA. Answer any summons straight to the court.

Not sure on any timeline legal stuff on filing before the 30 days to dispute is up etc.

Edited March 12, 2012 by rambler

[legaleagle]

Doodoo,

Once you are sued, debt validation is out the window. They won't respond, don't have to. If you want validation now, it's called discovery. Start reading your rules of civil procedure, that will show you how to proceed. Post the complaint here so we can se who is who and what they alleged. Type it, change the amount a bit, redact your name, leave the name of the plaintiff.

[Deepdoodoo]

Wait, hold on am I reading this right...You got a summons with only a PO box from the CA? Any actual summons should be from the court and the answers to the court. If I understood you correctly I think you may have a nice false and misleading information/forms case there.

*edit* re-reading this I think I may have a better undertsanding....

NM, you said you got a summons too right? From the court. Send DV and nothing else within the 30 days to the CA. Answer any summons straight to the court.

Not sure on any timeline legal stuff on filing before the 30 days to dispute is up etc.

Yes, got that letter (above mentioned) THEN the summons came about a week later.

On the same day (today) we answered (denial - at the county clerks) AND sent a DV response to the letter (w/mailed/receive proof) to the JDB's P.O.

But...

Once you are sued, debt validation is out the window. They won't respond, don't have to.

This concerns me, as it was all for not??? BUT, is that a bad thing? (having, instead to do Discovery?)

And Legaleagle, I did get your suggestion/link (on different post) to rules of civil procedure. It just makes my little (learning disabled) mind spin. But I will try to make sense of it.

See, I am dealing with my spouse that keeps wanting to cave in. No matter how many times I've quoted folks from this sight, to the contrary.

I will post the complaint...asap. Thanks

Edited March 14, 2012 by Deepdoodoo

[Deepdoodoo]

EDIT - Removed posting

Suspicious - being asked specific questions, and having answered them, with no reply..

makes me wonder if I hadn't been cased (pardon the pun) by the lawyer/JDB

Edited March 14, 2012 by Deepdoodoo

[Deepdoodoo]

EDIT - Removed posting

Suspicious - being asked specific questions, and having answered them, with no reply..

makes me wonder if I hadn't been cased (pardon the pun) by the lawyer/JDB

Edited March 14, 2012 by Deepdoodoo

[legaleagle]

Who is being sued, you or the spouse, or both of you? How much?

[usagi555]

From what I've read, you aren't dealing with a JDB. Who you are referring to as the JDB looks more like a debt collection law firm. Still just as bottom of the barrel, but beyond that, there are huge differences. A JDB buys debts and tries to collect. A DC law firm represents OCs such as American Express and JDBs such as Midland or LVNV when they're suing people.

[Deepdoodoo]

Who is being sued, you or the spouse, or both of you? How much?

EDIT - Removed posting

Suspicious - being asked specific questions, and having answered them, with no reply..

makes me wonder if I hadn't been cased (pardon the pun) by the lawyer/JDB

Edited March 14, 2012 by Deepdoodoo

[Deepdoodoo]

From what I've read, you aren't dealing with a JDB. Who you are referring to as the JDB looks more like a debt collection law firm. Still just as bottom of the barrel, but beyond that, there are huge differences. A JDB buys debts and tries to collect. A DC law firm represents OCs such as American Express and JDBs such as Midland or LVNV when they're suing people.

Sincerely, how, if anything, does this change all that we face in front of us?

On the other hand, the information he provided was so incredibly vague.

3 dollar amounts (alleged debt, erroneous interest, attny. fee)

No Account number, No dates....bupkiss!

Edited March 14, 2012 by Deepdoodoo

[Deepdoodoo]

Interrogatories

OR

Discovery

But which?

....seem like the next step before the court date, no? (court date not set...will be informed)

Edited March 14, 2012 by Deepdoodoo

[usagi555]

I am certain that you are correct, as he provided an Atty. registration number beneath his signature.

Sincerely, how, if anything, does this change all that we face in front of us?

On the other hand, the information he provided was so incredibly vague.

3 dollar amounts (alleged debt, erroneous interest, attny. fee)

No Account number, No dates....bupkiss!

SOP for DC attorneys. They expect default judgement 95% of the time, so they don't put any work into the case beyond signing their name on the complaint and they spare every expense possible. I don't mean to piss in your cheerios, but this being Amex, they may provide the attorney with everything. I'm not sure how Amex does with sending live witnesses, but you need to start learning quickly.

There is one shining light here though: He asked for a specific amount in attorney's fees. If he doesn't amend the complaint, that amount is locked in and you can make them bleed money.

[Deepdoodoo]

SOP for DC attorneys. They expect default judgement 95% of the time, so they don't put any work into the case beyond signing their name on the complaint and they spare every expense possible. I don't mean to piss in your cheerios, but this being Amex, they may provide the attorney with everything. I'm not sure how Amex does with sending live witnesses, but you need to start learning quickly.

There is one shining light here though: He asked for a specific amount in attorney's fees. If he doesn't amend the complaint, that amount is locked in and you can make them bleed money.

Thank you for sticking w/me, Usagi.

I did recognize the sparing of expenses....

As for the live witness..

I saw where some gal had her card stolen and the thief went on a $3k+ spending spree.

AmEx did nothing to the thief in court.

Funny to let a 'known' thief (w/record) off the hook.

you can make them bleed money.

By this you mean what?

Edited March 14, 2012 by Deepdoodoo

[rambler]

I think he means if they locked in a set amount of attorney fees (based upon a defaultt judgment they expect) and you make them jump through hoops, drag it out, fight tooth and nail, even if they do win they cannot tack on an extra cent in att. fees.

[legaleagle]

you can make them bleed money.

This means you make them run up 10K in legal fees to collect a 3K debt, which they won't normally do. We still don't even know who is suing you or for how much. Kind of hard to give opinions with no information.

[Deepdoodoo]

you can make them bleed money.

We still don't even know who is suing you or for how much. Kind of hard to give opinions with no information.

I had all the info in my first post, here. Not hard to find, as I've only made 3 postings.

Ehem...I did mention that in one of my responses.

Though I have since removed it, after hearing about these schmo's lurking about forums like this.

Thank You, everyone for all the helpful input!