How do I make payments on my default court judgment?

[TiTi]

What is the name of your state? Connecticut

I recently found out that I have a default judgment entered against me in the State of Connecticut. I am ordered to make weekly payments.

How do I make the make payments?

Who do I make the payments to?

Is there any way that I can get the payments reduced?

Also I am currently unemployed and my first payment is due next week. But I will start a job next month. I want to take care of this before I start my new job because I want to avoid my wages from being garnished. I have no idea what to do!! Thanks in advance for your help.

[TiredOfAbuse]

I recently found out that I have a default judgment entered against me in the State of Connecticut. I am ordered to make weekly payments.

First - please confirm that you recently just found out? Did you know that when you are sued in court, they have to serve you the papers properly or give proper notice? If you were never served or notified, research about how to file in order to have the Judgement thrown out.

Next - You have been ordered to make weekly payements? How were you informed of this? Does the order for weekly payments have the judge's signature?

The reason I ask this is because once there is a Judgement against you, the debt holder has the option to Garnish your Wages, or go after your Bank Accounts. They have other options beyond what is listed here. They may even try to find real property. I have never heard of this "ordering" kind of thing before and I'm really interested to know how you were "ordered" to make weekly payments.

How do I make the make payments?

Who do I make the payments to?

Is there any way that I can get the payments reduced?

Also I am currently unemployed and my first payment is due next week. But I will start a job next month. I want to take care of this before I start my new job because I want to avoid my wages from being garnished. I have no idea what to do!! Thanks in advance for your help.

If you were "ordered" to make payments, isn't that information in the documentation you have?

You may be able to get payments reduced, but it'd be in your better interest to have the judgement thrown out for lack of proper service.

Since you cannot afford an attorney at this time, try Legal Aid of Conneticut.

[url]http://www.slsct.org/Home/PublicWeb[/url]

Looking forward to your response.

TiredOfAbuse

[TiTi]

Thanks for your advice.

I didn't know I was being sued because I lived in California at the time.(my mailing address was still in CT) The only letter I received is the "Notice of Judgment and Order For Weekly Payments". The order is signed by the judge and/or clerk. Since my mailing address was still listed in CT, do you still think I can have the judgment thrown out for lack of proper service?

I don't have any real property or any money in my bank accounts.

I will be starting a new job next month and I will not be making a lot of money. If anything I would just like to get the payments reduced. I really don't want them to garnish my wages. I would rather make the payments voluntarily.

[TiredOfAbuse]

I didn't know I was being sued because I lived in California at the time.(my mailing address was still in CT)

You stated in your original post that your current residence is Conneticut. Do you reside in CA or CT at this time? In which state was the judgement obtained?

The only letter I received is the "Notice of Judgment and Order For Weekly Payments". The order is signed by the judge and/or clerk. Since my mailing address was still listed in CT, do you still think I can have the judgment thrown out for lack of proper service?

I believe it is possible. You will still want to contact Legal Aid of whichever state you are residing in so you can get the proper direction to pursue this course of action.

I will be starting a new job next month and I will not be making a lot of money. If anything I would just like to get the payments reduced. I really don't want them to garnish my wages. I would rather make the payments voluntarily.

This will depend on where you currently live. If you do not currently reside in the state the judgement was granted, then the Creditor will have to domesticate the judgement in order to start enforcing it.

So... Do you reside in CA or CT at this time? In which state was the judgement obtained?

TiredOfAbuse

[TiTi]

The judgment was obtained in Connecticut. I currently live in CT and I will be working in here in Connecticut.

[TiredOfAbuse]

The link to the Conneticut Legal Aid is listed in this thread. It would be best for you to contact them and ask them how to file in order to remove the judgement. You are doing this based on not being properly servered for the lawsuit in which the judgement was entered.

Seeing as how you have a payment due in a week, I would do this immediately.

Good luck!

TiredOfAbuse

[dcatz]

To the OP –
What was the basis for the judgment (if you’re not sure, the name of the creditor may serve as a guide)?
When was the judgment entered?
If the judgment were vacated and the case re-litigated, do you have a valid defense?

[dcatz]

Well, in case the OP doesn’t get the desired results from Legal Aid of Connecticut and returns:

CT courts can order installment judgments:
In the case of a consumer judgment, the Connecticut court may require that the judgment creditor or debtor applies for an installment payment order and may not permit execution on a judgment debtor's wages or other non-exempt personal property unless the debtor is in default of the installment payments. (Ch 832, Sections 47a-23 to 47a-42 inclusive, formerly Section 52-356d, 52-356d.)

If the OP was using anything other than a USPS P.O. Box for an address, that’s considered a usual place of abode:
Sec. 52-54. Service of summons. The service of a writ of summons shall be made by the officer reading it and the complaint accompanying it in the hearing of the defendant or by leaving an attested copy thereof with him or at his usual place of abode. When service is made by leaving an attested copy at the defendant's usual place of abode, the officer making service shall note in his return the address at which such attested copy was left.

If the judgment is more than four months old, the OP is foreclosed, if she can’t prove invalid service or fraud on the Court and she must also show the ability to assert a meritorious defense (a common requirement):
Sec. 52-212. Opening judgment upon default or nonsuit. (a) Any judgment rendered or decree passed upon a default or nonsuit in the Superior Court may be set aside, within four months following the date on which it was rendered or passed, and the case reinstated on the docket, on such terms in respect to costs as the court deems reasonable, upon the complaint or written motion of any party or person prejudiced thereby, showing reasonable cause, or that a good cause of action or defense in whole or in part existed at the time of the rendition of the judgment or the passage of the decree, and that the plaintiff or defendant was prevented by mistake, accident or other reasonable cause from prosecuting the action or making the defense.

Other options the OP might have had, beyond attempting to vacate the judgment, which is likely to cost her, are:
1) pay the ordered installments to the judgment creditor and avoid garnishment, or
2) determine if garnishment after available exemptions would be less costly and, if so, allow it, or
3) [possibly] petition the court to amend its judgment to order lower installments (I didn’t check further on that possibility, because the OP may be occupied trying to vacate, and she has too little time to do it all).