What is the name of your state (only U.S. law)? GA. I found out I had a judgement by default when I received a non-certified letter from an attorney of a scavenger debt collector with a copy of the summons to my employer for wage garnishment. My wages have been garnished since March 6 2009. I responded immediately end of Feb. with a traverse and filed it with the clerk of court the as well as a response to the plaintiff's attorney. (I do not owe this debt)
One year previously I received a summons served by the sheriff's dept and responded immediately to same plainiff attorney as above. However, I did not respond correctly. I responded and sent a certified letter to the plaintiff's attorney and did not understand that I had to do the same with the court-hence the default judgement.
I have called weekly to see if a hearing has been scheduled and none has. I received a phone call in June from my attorney (I went to an attorney after I filed the traverse to the wage garnishment) telling me they just received a phone call from the plainiff that a hearing was set in 7 days June 23. I received a phone message from the my attorney telling me to no show up the hearing was cancelled by the plaintiff's attorney. The morning of the said cancelled hearing I get a phone call in the morning telling me the hearing was not cancelled and that he was going to it. (This call came too late for me to arrive at the hearing). I actually had "fired" my attorney for not doing anything for stopping my garnishment or getting me a hearing (I retained him in Feb 23 before the garnishment started, but after I responded with the traverse), but he still responded to this hearing on/off eventhough I did not ask him too and told him I did not need him at the hearing. I phoned the judge's assistant and she told me nothing took place in the courtroom (no transcriptions) and it was continuance. I plan to get an affidavit from my fired attorney and have at least one more consult with him.
I have been trying to make my case in small claims court against Sears for improper installation of a heating and ac unit that has not worked since day one and my numerous complaints unresolved, including to the CEO in Chicago. I have phoned and asked 12 or more lawyers and each cite that is is not enough money to pursue. One suggested small claims court. I went to file in my county and found out that it has to be the county or jurisdiction of the company! Sears has given me a run around and even sent me on a wild goose chase saying the contractor was in FL. I have since found out that is not correct. I have my proof that it did not even pass building inspection, pictures, and reinstallation by another contractor to fix it, expert witnesses. Finding the correct jurisdiction for small claims court is not easy to do with corporate and just as I was ready to file and give it a try, the garnishment and fighting the scavenger debt collector came before I could pursue the real issue. I am still within the statue of limitations, but I need to make sure the scavenger does not win when I get a hearing. I am ready for the scavenger, but where is my hearing date?
Can they legally (the plaintiff attorney) just casually phone and do this not in writing? Am I not entitled to more days of notice for a hearing (I work and must change it if it falls on a workday)? What about this way of cancelling? How is that legal? This is Superior court. Can I demand a hearing asap? I know that if I do not choose to continue with my fired attorney that I need to notify the plaintiff's attorney to notify me directly. I sense that the plaintiff's attorney is trying to get me to miss the hearing, by the aforesaid shenanigens.
Can I request a motion to set aside the default judgement? (something to stop the garnishment) until I have a court date.This has been going on for 5 months with no hearing scheduled yet except the above fiasco.
One year previously I received a summons served by the sheriff's dept and responded immediately to same plainiff attorney as above. However, I did not respond correctly. I responded and sent a certified letter to the plaintiff's attorney and did not understand that I had to do the same with the court-hence the default judgement.
I have called weekly to see if a hearing has been scheduled and none has. I received a phone call in June from my attorney (I went to an attorney after I filed the traverse to the wage garnishment) telling me they just received a phone call from the plainiff that a hearing was set in 7 days June 23. I received a phone message from the my attorney telling me to no show up the hearing was cancelled by the plaintiff's attorney. The morning of the said cancelled hearing I get a phone call in the morning telling me the hearing was not cancelled and that he was going to it. (This call came too late for me to arrive at the hearing). I actually had "fired" my attorney for not doing anything for stopping my garnishment or getting me a hearing (I retained him in Feb 23 before the garnishment started, but after I responded with the traverse), but he still responded to this hearing on/off eventhough I did not ask him too and told him I did not need him at the hearing. I phoned the judge's assistant and she told me nothing took place in the courtroom (no transcriptions) and it was continuance. I plan to get an affidavit from my fired attorney and have at least one more consult with him.
I have been trying to make my case in small claims court against Sears for improper installation of a heating and ac unit that has not worked since day one and my numerous complaints unresolved, including to the CEO in Chicago. I have phoned and asked 12 or more lawyers and each cite that is is not enough money to pursue. One suggested small claims court. I went to file in my county and found out that it has to be the county or jurisdiction of the company! Sears has given me a run around and even sent me on a wild goose chase saying the contractor was in FL. I have since found out that is not correct. I have my proof that it did not even pass building inspection, pictures, and reinstallation by another contractor to fix it, expert witnesses. Finding the correct jurisdiction for small claims court is not easy to do with corporate and just as I was ready to file and give it a try, the garnishment and fighting the scavenger debt collector came before I could pursue the real issue. I am still within the statue of limitations, but I need to make sure the scavenger does not win when I get a hearing. I am ready for the scavenger, but where is my hearing date?
Can they legally (the plaintiff attorney) just casually phone and do this not in writing? Am I not entitled to more days of notice for a hearing (I work and must change it if it falls on a workday)? What about this way of cancelling? How is that legal? This is Superior court. Can I demand a hearing asap? I know that if I do not choose to continue with my fired attorney that I need to notify the plaintiff's attorney to notify me directly. I sense that the plaintiff's attorney is trying to get me to miss the hearing, by the aforesaid shenanigens.
Can I request a motion to set aside the default judgement? (something to stop the garnishment) until I have a court date.This has been going on for 5 months with no hearing scheduled yet except the above fiasco.