Credit Card judgement

[greeneye37]

What is the name of your state (only U.S. law)?Arizona
My husband and I have a judgement against us from Chase credit card for $5,200. Recently we received some paperwork from the justice court saying "Motion and Affidavit for entry of judgement by default without Hearing." We can't afford a lawyer and don't understand what this means. Does it mean we just have to make payments out of court?

[tumbleweed994]

I made a settlement agreement with Capitol One on a $1900.00 credit card payment. I payed them $1100.00 but cannot pay the rest.I have been informed that I will be in default and the matter will be decided by the courts. What happens next?

[debtor2008]

greeneye......

whatever lawyer is representing Chase, must've filed a summons and complaint with the court, most likely, local court in your city. and it should have been served to you and or whoever else is on the card. you most likely had at least 25 or so days to respond to the lawsuit and had it filed in the court. if you agree or disagree... after that most likely a court date was set - up for you guys to attend. so, either you didnt respond to the summons...if you didnt, then an automatic judgement (win) goes in favor of the plantiff - chase.... OR you were given a court date and didnt show up to defend yourself, which also causes and automatic judgement (win) for the plaintiff!!!

VERY VERY IMPORTant, were you and or whoever else is on the card served a summons and complaint? this would have been served by an appointed peron or delivered by registered mail where you woulda had to sign for it.

if you were NOT!! You need to go STRAIGHT away to your local court, find out when the summons was supposedly served, and speak with the clerk as to what papers you need to file, for a motion to dismiss the judgement due to improper serve of summons and complaint. judgement is a serious matter, your wages can be garnishes, your bank accounts can be garnished, your personal belongings in your home can be taken away and sold.
you need to do this ASAP!!!!

[greeneye37]

Yes we received the summons but our debt settlement company said they would answer for us. The next thing I know we received the judgement from our local justice court. I talked to the credit card attorney and they wanted us to pay $277.00 for the next few years which would come to $7,000 instead of $5,200. I told him we couldn't afford to make that high of a payment each month(which we can't we're close to losing our house). We never had a court date set up in the paperwork, the last judgement papers we received said "judgement by default without hearing". We assume this means we're not going to court. Does anyone know?

[Antigone*of*Greece]

Originally Posted by greeneye37

Yes we received the summons but our debt settlement company said they would answer for us. The next thing I know we received the judgement from our local justice court. I talked to the credit card attorney and they wanted us to pay $277.00 for the next few years which would come to $7,000 instead of $5,200. I told him we couldn't afford to make that high of a payment each month(which we can't we're close to losing our house). We never had a court date set up in the paperwork, the last judgement papers we received said "judgement by default without hearing". We assume this means we're not going to court. Does anyone know?

So it would appear to me that you were properly served. You put your faith in a company who is screwing you in more ways than one. You know have a judgement against you.

You really need to look into some serious credit counselling from a non-profit agency. For profit debt settlement companies are notorious for hurting people who are vulnerable and ill prepared to handle the situation they find themselves in.