round one begins .... served

no1healey · 11-30-2007, 09:41 PM

Received in mail (certified) "WRITTEN INTERROGATIRIES"
to Judgement Debtor. Circuit court -Oregon ,county of XXXX
This is the first notice of any kind about this debt.
Chase bank..
To judgement debtor indicates to me they have filed for and Rec,d jugdement and now are attempting collection.
The debt probably is mine ,however the amount does not appear correct.
Money to pay this debt at this time is impossible.
This will be the first thread of many to come as this story unfolds.
Please advise this old newbie(and hate courts) how to proceed.
Atty appt is two weeks out and the 20 day clock is ticking.
WE would rather work our way out rather than BK.

hannah · 11-30-2007, 10:20 PM

First you need to find out if there actually is a judgment. This will entail you going to the court in question and finding out. If there is a judgment, copy the entire file concerning it.

Second - Were you ever served in connection with the suit upon which the judgment is based? What does the court file contain concerning service of the original summons and complaint?

no1healey · 11-30-2007, 11:40 PM

This WRITTEN INTER. is the first notice of any kind sent to us ! No suits, or notices!
We have been long term at this address...Not moving ,gone etc .
Will get to the court house next week..
Thank you for pointing the direction..We will follow up and post.

no1healey · 12-05-2007, 11:33 PM

Oregon state referral sevice,,many wasted days on useless info..
Have appt tommorow with atty on this..It appears "botched (thanks Roy)"
in out of sequence and steam roller in approach.
They called and wanted to set up pmt plan etc etc... yah rite!!

no1healey · 12-09-2007, 10:03 PM

Went to court house and there is a judgement...This is the FIRST notice of any kind on this matter..Information is this is not the first time CA atty has sewer served in this matter..Where are we going from here?
Do not have any funds to pay at this time......Alligators nipping back side...

Pale Rider · 12-09-2007, 10:10 PM

How recent was the judgment? You may be able to vacate if you were not properly served, but you need to act within the time limits. What was the method of service?

no1healey · 12-15-2007, 12:12 PM

Sorry about delay on questions....Up to my A%^ in alligators...
Found two Judgements at court house...Got copys but not how it was seved...
Back monday for that...We have not any had any cmrrr or any other notices sent to us other than the Written Inter roggitorys. (NOV 26)...Date on that Judgement Oct 8 07
Other judgement Dec 11 07 again no notices of any kind....
Getting a judgement vacated accomplishes what? Simply buying time? OR?
It appears that these local atty,s are quite confident the steam roller approach that works...What do I do?
Lastly Im trying to work every day to catch up on priority basic bills. Days off kill my overtime..

Pale Rider · 12-15-2007, 12:25 PM

Vacating the judgment may only be delaying the outcome depending on the facts of the case. If the original account was past SOL, or you had other defenses, you will get a chance to present those defenses if they do sue again. If it is within SOL and you had no other defenses, you may want to negotiate a payment plan.

no1healey · 12-16-2007, 08:35 PM

Well the facts are this.Both judgements have had a paper trail here that has been hidden away from me...only 1 has had the W.I . served..not yet on the other.
So now with judgements in place do the CA,s "deal" on the debt or now are they hard nosed? too late for PFD?
OPTIONS?

Pale Rider · 12-16-2007, 09:41 PM

There is no PFD on a judgment, it is a public record. The best you can hope for is that they do not stall on reporting it "satisfied" if you pay it. The other issue being that the judgment creditor is not the data furnisher, someone like Lexis is. You would have to hope they screwed up on the reporting and had to delete. Even then, if they update and report correctly it will not come off your report.

They may accept less than the full amount, but they have a long SOL, good interest rate, and may be able to renew SOL. Reporting period is 7 years from date of entry or until SOL expires. Could be as long as 20 years in some states. My opinion is to fight it on basis of not being properly served and any other defenses, then trying to make a payment arrangement.