Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > BANKRUPTCY AND CONSUMER CREDIT > Debt Collections
Reload this Page Default judgement

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 08-02-2005, 11:21 PM
Junior Member
  
Join Date: Aug 2005
Posts: 9
Arrow

Default judgement

What is the name of your state?Texas
My step-mother ( who lives in IL) had recently served me papers. I am unable to go. I am in a midst of sivorce and going through a tough time already.I had called the district in chicago and asked about postponing the trial date to a later time since I was in a bind. All I was told is that if I don't go, I will have a default by judgement on me. What do I do???And what will happen to me?? I don't work and my husband and I are in a midst of divorce??Please help??
Last edited by gc2005; 08-03-2005 at 12:20 AM.
  #2  
Old 08-03-2005, 09:49 AM
Senior Member
  
Join Date: Jul 2002
Location: Tennessee
Posts: 3,088
If you don't go then she wins by default. She has a judgment against you and any asset or property you may own for up to 20 years.
__________________
Disclaimer: I am not a gypsy fortune teller
  #3  
Old 08-03-2005, 12:40 PM
Junior Member
  
Join Date: Aug 2005
Posts: 9
Unhappy
Will I know about this when it happens?? What exactly will she get if I have anything. Almost everything I have is a joint with my hubby????
  #4  
Old 08-03-2005, 01:15 PM
Senior Member
  
Join Date: Jul 2002
Location: Tennessee
Posts: 3,088
You were notified to be there, if not she wins. That is all she needs. It doesn't matter if it's joint with hubby or not.
__________________
Disclaimer: I am not a gypsy fortune teller
  #5  
Old 08-03-2005, 07:08 PM
Junior Member
  
Join Date: Aug 2005
Posts: 9
what exactly does she win?? As far as I was told, it would only be in my credit report. If it's more, would I be notified of what is going to happen???Th amont suued is 5076.00.
  #6  
Old 08-03-2005, 07:41 PM
Senior Member
  
Join Date: Jul 2004
Posts: 4,431
Quote:
Originally Posted by gc2005
what exactly does she win?? As far as I was told, it would only be in my credit report. If it's more, would I be notified of what is going to happen???Th amont suued is 5076.00.
She will win a judgement against you. In this case the $5076 and court fees. Then she will have to figure out a way to collect it from you. This could be through garnishing wages, putting a lien on your property, going after bank accounts...

This site may be helpful to you about the Illinois small claims court: [url]http://www.19thcircuitcourt.state.il.us/self-help/s_claims/s_claim_hb/s_claim1201.htm[/url]
  #7  
Old 08-03-2005, 07:54 PM
Junior Member
  
Join Date: Aug 2005
Posts: 9
Thank you so much for the info.
  #8  
Old 08-03-2005, 07:58 PM
Junior Member
  
Join Date: Aug 2005
Posts: 9
One quick question?? If they sued under the name of Kathy Jones, but the person goes under the name of Kathy Smith-Jones on their Social security Card, Which one is considered the legal name?? The one on the SS card or their license?
  #9  
Old 08-03-2005, 08:01 PM
Senior Member
  
Join Date: Jul 2004
Posts: 4,431
Quote:
Originally Posted by gc2005
Thank you so much for the info.
You're welcome.

If you know you owe her the money and she has the proof and will win her case, then I wouldn't waste my money going. If this is the case, either way she would win.
Last edited by Happy Trails; 08-03-2005 at 08:25 PM.
  #10  
Old 08-03-2005, 08:13 PM
Senior Member
  
Join Date: Jul 2004
Posts: 4,431
Quote:
Originally Posted by gc2005
One quick question?? If they sued under the name of Kathy Jones, but the person goes under the name of Kathy Smith-Jones on their Social security Card, Which one is considered the legal name?? The one on the SS card or their license?
Well, you were served, right? I'm sure if the name is incorrect they could make a modification. But, it is you. How long have you owed her the money?
  #11  
Old 08-03-2005, 09:59 PM
Junior Member
  
Join Date: Aug 2005
Posts: 9
Well My father was the one that helped me. He made payments via telephone and internet to my creditors. When my step mom found out, she went to the bank and reversed some of the payments out leaving me to fall behind on them because of the amont. 5076 wasn't returned due to the fact that there was a time period that they were able to do it. It was beyond that time period.This all happened late 2004 and early 2005. A few months later in July, I was served.
  #12  
Old 08-03-2005, 10:54 PM
Senior Member
  
Join Date: Feb 2005
Posts: 3,351
so your father gave you $5076 and your mom wants it back? Where is your father in all of this? Is he going to go to court and testify that this was a loan?
  #13  
Old 08-03-2005, 11:17 PM
Junior Member
  
Join Date: Aug 2005
Posts: 9
No. He did it behind her back and didn't want her to know. Now that she knows, he wants no part, just to make her happy.
  #14  
Old 08-04-2005, 03:55 AM
Member
  
Join Date: Jul 2005
Location: nc
Posts: 753
This is weird. You ought to go to court.

Unless you can afford to lose $6000.00

Dad gave you money, and stepmom wants it back. If you go she would probably have to show, you lied and broke good faith, or he is mentally incompetent, or some such. Otherwise it would seem she has no right to take back what he gave.

If I gave a stranger 10 bucks, my wife has no right to take it back.

For his sake you should go. ( I suspect you are bad with money, or stepmom thinks you are.)
Any way. Postpone the court dates on the divorce, and GO
Last edited by LSCAP; 08-04-2005 at 04:19 AM.
  #15  
Old 08-04-2005, 09:57 AM
Junior Member
  
Join Date: Aug 2005
Posts: 9
The thing is my dad has a mild case of alziemers. My thing is either way I will probably lose because he won't go. Anyways I think they need the money and If it was a mistake giving it to me, I want to pay it back. It would help them too.I f they need the money that bad, I'll do it. My problem is they came across the wrong way. Also, I can't afford to pay it back. I mean I can't even afford to trip up there. With 2 kids and in the midst of divorce, it's hard. Thank you for your reply.
Reply

« Previous Thread | Next Thread »


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Linear Mode Linear Mode
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts
BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 11:32 AM.

Contact Us - FreeAdvice - Archive - Privacy Statement - Top

IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.
FreeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.