defualt judgement -- need help!!

[harvicksbiggest]

What is the name of your state (only U.S. law)? New York


Hello everyone... I'm new here and I'm not real sure what to do... i recently justed checked my credit and it was showing i have a judgemnt againt myself... its for an old car loan when i was young and stupid... the orginally amount before it went to a judgement was around $4300... in 07 it was entered in the courthouse as a judgement for $6800... i just called today to see what i can do... the company said the balance is now $8200 almost $4000 more than what the orginal balance was for... i explained to the im working a $8 an hour job... no real extra money but i would like to settle the account... they said the lowest would be $8000 if the creditor would allow them to do it... i explained to them i had $3000 i could settle it out for... they said they couldnt do that... i mean i understand that... but i would really like to settle between the $4000-$5000 margain... my fiance soon to wife has pretty good credit and we were planning on getting a personal loan to take care of this... or if my bank would allow me to get one... this is the only thing on my credit report holding me back... also when i called the company they said they are not far from me that i should stop into there building to fill out some paperwork... they also said to bring in $100 because there was warrant for contempt on me... im not sure what i can do... PLEASE HELP!!! any advice would help... i want to be debt free before we get married...


thank you

[Antigone*of*Greece]

Originally Posted by harvicksbiggest

What is the name of your state (only U.S. law)? New York


Hello everyone... I'm new here and I'm not real sure what to do... i recently justed checked my credit and it was showing i have a judgemnt againt myself... its for an old car loan when i was young and stupid... the orginally amount before it went to a judgement was around $4300... in 07 it was entered in the courthouse as a judgement for $6800... i just called today to see what i can do... the company said the balance is now $8200 almost $4000 more than what the orginal balance was for... i explained to the im working a $8 an hour job... no real extra money but i would like to settle the account... they said the lowest would be $8000 if the creditor would allow them to do it... i explained to them i had $3000 i could settle it out for... they said they couldnt do that... i mean i understand that... but i would really like to settle between the $4000-$5000 margain... my fiance soon to wife has pretty good credit and we were planning on getting a personal loan to take care of this... or if my bank would allow me to get one... this is the only thing on my credit report holding me back... also when i called the company they said they are not far from me that i should stop into there building to fill out some paperwork... they also said to bring in $100 because there was warrant for contempt on me... im not sure what i can do... PLEASE HELP!!! any advice would help... i want to be debt free before we get married...


thank you

You should really take advantage of any settlement they offer. Since they have a judgement, they can literally make your life miserable. Whatever you do, do not mix your finances with that of your future wife until you are certain that the judgement has been satisfied.

[harvicksbiggest]

No i understand that completely... i just wasnt sure if i could settle for less and if so how should i gpo about it??? thanks for the post

[Antigone*of*Greece]

Originally Posted by harvicksbiggest

No i understand that completely... i just wasnt sure if i could settle for less and if so how should i gpo about it??? thanks for the post

You really don't have much bargaining power at this point in the game. You can always try, just don't hope for too much.

take care, ana

[Credithis]

Hmm, when did it get repoed? When was the date it was resold? That starts the SOL. You say you just discovered this via your credit report. Did you know about a suit against you? You need to go now to the courthouse where the suit was entered and get all of the files on this especially the one from the process server and on it the how and where you were alledgedly served. The new York AG has initiated a suit against some big time junk debt buyers caught using sewer service, service that never really went to people so default judgemnts were improperly rendered. The SOL for a repo in NY is 4 years as they follow the UCC. Was it repoed more than four years before the suit filed?
We need more info. Go to the court and get your copies of the judgement and all papers especially the ones showing you were properly served..

[harvicksbiggest]

yes the car was repoed but i paid to redemm it... or thats what the company called it... i have called the court and all the papers were filled there... the judgement was at niagara county clerk on 3/16/07 in the amount of $6824... im pretty sure i was served properly... i recently talked with my parets and they said they received the paperwork... i do not want to run from this at all... i want to take care of it asap... should i go to the place and sit down a talk with them??? do you think they will take the $6824 which the orginal judgement was for instead of the $8000... anything can help right now...

thank you

[debtcollector`]

Once again credithis - doesn't know what he is talking about.

OP: You are not going to get a settlement. You are going to have to pay the debt and you will have to pay interest on the debt as well as costs of collection.

You might be able to make a payment arrangement where they will not press their rights to garnish your pay, levy your accounts or auction your property as long as you are making regular payments on time.

But, the balance... forget about it.

DC

[debtor2008]

get copies of the served summons/complaint, if they were served to your parents and NOT YOU, that is not proper serviceability, illegal. they must be served in your hands and you MUST sign for them. thats the correct way.

if this was not done, go straight to the courthouse, speak with the clerk and file whatever the paperwork is to vacate judgement due to improper serve.

itll start the law suit over again, and hopefully you can pay off your org. debt with out the added on costs.

[Antigone*of*Greece]

Originally Posted by debtor2008

get copies of the served summons/complaint, if they were served to your parents and NOT YOU, that is not proper serviceability, illegal. they must be served in your hands and you MUST sign for them. thats the correct way.

if this was not done, go straight to the courthouse, speak with the clerk and file whatever the paperwork is to vacate judgement due to improper serve.

itll start the law suit over again, and hopefully you can pay off your org. debt with out the added on costs.

debtor2008 please forgive my lack of knowledge in the law with regards to the bolded statement. Can you please cite the specific statute that you're referring to???

I await with baited breath

[debtor2008]

sorry, i dont know the specific statue name/number....but that is the law.
they must be properly served, not just merely dropped off at your doorstep or with parents or neighbors. you can fight and you should, if you DID NOT sign for them when the process server served them.

get copies of what they filed in court (the served signed papers).

call the court that they are filed at speak witht the clerk, he/she can help you.

[Antigone*of*Greece]

Originally Posted by debtor2008

sorry, i dont know the specific statue name/number....but that is the law.
they must be properly served, not just merely dropped off at your doorstep or with parents or neighbors. you can fight and you should, if you DID NOT sign for them when the process server served them.

get copies of what they filed in court (the served signed papers).

call the court that they are filed at speak witht the clerk, he/she can help you.

A few minutes on Google and here are your rules for service

Rule 308. Personal service upon a natural person.

Personal service upon a natural person shall be made by any of the following methods:
by delivering the summons within the state to the person to be served; or
by delivering the summons within the state to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by either mailing the summons to the person to be served at his or her last known residence or by mailing the summons by first class mail to the person to be served at his or her actual place of business in an envelope bearing the legend “personal and confidential” and not indicating on the outside thereof, by return address or otherwise, that the communication is from an attorney or concerns an action against the person to be served, such delivery and mailing to be effected within twenty days of each other; proof of such service shall be filed with the clerk of the court designated in the summons within twenty days of either such delivery or mailing, whichever is effected later; service shall be complete ten days after such filing; proof of service shall identify such person of suitable age and discretion and state the date, time and place of service, except in matrimonial actions where service hereunder may be made pursuant to an order made in accordance with the provisions of subdivision a of section two hundred thirty-two of the domestic relations law; or
by delivering the summons within the state to the agent for service of the person to be served as designated under rule 318, except in matrimonial actions where service hereunder may be made pursuant to an order made in accordance with the provisions of subdivision a of section two hundred thirty-two of the domestic relations law;
where service under paragraphs one and two cannot be made with due diligence, by affixing the summons to the door of either the actual place of business, dwelling place or usual place of abode within the state of the person to be served and by either mailing the summons to such person at his or her last known residence or by mailing the summons by first class mail to the person to be served at his or her actual place of business in an envelope bearing the legend “personal and confidential” and not indicating on the outside thereof, by return address or otherwise, that the communication is from an attorney or concerns an action against the person to be served, such affixing and mailing to be effected within twenty days of each other; proof of such service shall be filed with the clerk of the court designated in the summons within twenty days of either such affixing or mailing, whichever is effected later; service shall be complete ten days after such filing, except in matrimonial actions where service hereunder may be made pursuant to an order made in accordance with the provisions of subdivision a of section two hundred thirty-two of the domestic relations law;
in such manner as the court, upon motion without notice, directs, if service is impracticable under paragraphs one, two and four of this section.
For purposes of this section, “actual place of business” shall include any location that the defendant, through regular solicitation or advertisement, has held out as its place of business.

Please debtor, tell us again where the service must be done according to your directions?

[Some Random Guy]

Wirelessany1
debtor2008 please forgive my lack of knowledge in the law with regards to the bolded statement. Can you please cite the specific statute that you're referring to???

debtor2008
sorry, i dont know the specific statue name/number....but that is the law.

Debtor2008. I think that Wirelessany1 may have been too subtle for you. Let me try. You are full of it. That's not the way it works in new york. If you feel like spouting wild declarations about the law at least try to back it up with some cites to state laws.


here's an example:

I say that a NY subpoena can in some circumstances just be taped to your door. See Item 4 of the link below.

[url=http://law.justia.com/newyork/codes/civil-practice-law-rules/cvp0308_308.html]New York Law: Civil Practice Law Rules: Jurisdiction And Service, Appearance And Choice Of Court: Personal Service Upon A Natural Person. :: Justia[/url]

[CourtClerk]

Originally Posted by Some Random Guy

Debtor2008. I think that Wirelessany1 may have been too subtle for you. Let me try. You are full of it.

Dear Some Random Guy,

I like you. Really I do, but I need you to understand that just about 2 months ago, I bought this new high fandangled 20 inch HD artic silver monitor that I spent a decent amount of money on. When you make statements like the above, it causes me to spit the Pepsi that I was drinking while reading all over the place, and thus causes me to have to wipe it down. Eventually, if you keep it up, it may cause permanent damage. So, on behalf of myself, my monitor and my checkbook, I'm going to ask that you at least try and restrain yourself.

Love,
Your friend, CC

[Antigone*of*Greece]

Originally Posted by CourtClerk

Dear Some Random Guy,

I like you. Really I do, but I need you to understand that just about 2 months ago, I bought this new high fandangled 20 inch HD artic silver monitor that I spent a decent amount of money on. When you make statements like the above, it causes me to spit the Pepsi that I was drinking while reading all over the place, and thus causes me to have to wipe it down. Eventually, if you keep it up, it may cause permanent damage. So, on behalf of myself, my monitor and my checkbook, I'm going to ask that you at least try and restrain yourself.

Love,
Your friend, CC

Dang CC... I want one of those!!!

[harvicksbiggest]

i completely agree with you all... i will and going to pay this off asap... the question is i called the attorney office handlign the judgement and they said they want me to come into their office to fill out the 45 question questionarie about my asset... i dont have any... they also said to bring in $100 to pay the fine against me for "contempt of court"... is this true??? should i go in or our the going to just arrest me?? please help... thank you