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Jugment against me while I was out of the country

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Mockson

Junior Member
What is the name of your state (only U.S. law)?
WASHINGTON STATE

Hello everyone,

While I was out in Africa for 5 1/2 months, came back last month January, I got some documents in the mail from the court and from a lawyer that a judgment had been placed against me and also a levy placed on my bank account as well as my girlfriend all while she has nothing to do with it.

I was never served personally a document, so obviously could never defend myself, as I was not aware of anything..

What do I do?

Here's the details of the actual problem:


I had purchased a Lincoln aviator for myself back in 2010 and my intention was to ship it overseas, sell it and make something back so I could use the money to start other things.
A friend of mine (The person who's suing me) told me that his uncle who lives overseas in Congo had seen my car pictures and is interested in purchasing my car.
I said okay but let him know that mine is going overseas as I had already gotten a container and ready to ship it off.
A week or two prior to my car leaving the USA, he came to my house, called up his uncle and we both let him know that we would find him a similar LINCOLN AVIATOR and that since his nephew (my friend) knows nothing about cars I would help him.
I agreed, as such we wrote an agreement.
The uncle offered to send us the money for us to seek the car he wanted (The Lincoln Aviator)
The funds wired to my account was $30.000 of which $10.000 was supposed to be gone to someone he (The uncle) owed in North Carolina and $20.000 was supposed to be for the purchased of the car.
However, the uncle wanted that once I receive the funds into my account, to get it all out, then give the money to his nephew so he could place it in his own account (The nephews account) and then return back to me from the nephew's account.

I never really understood why because the money was still coming back to me so what is the big deal and why all this going around?

I later understood it was simply because he needed a proof that indeed the funds arrived and that his nephew witnesses it ...

Since the funds were taking a bit too long to arrive came the time for me to leave the USA and meet my container overseas..
So I left.

I kept in contact with my friend as he was someone I had staying at my house from time to time, someone I trusted and trusted me, someone who knows my kids - family someone I took around looking for jobs when no one offered him a ride, someone I clothed when he had no money so I trusted him and we sometimes called ourselves best friends, we even had plans together for projects overseas..

Fast forwarding, 2weeks after my arrival overseas, I noticed in my account via online banking that the funds finally arrived.

I called this friend right away and let him know and also called up his uncle MYSELF to confirm that it was in my account.
Since if you remember he wanted the funds to go around and back to me, I discuss the process with my friend to find out how were going to do this as I am not in America and cannot physically go to the bank and withdraw the money and he agreed that we were going to have my girlfriend whom stayed back in the USA (the mother of my kid) try to get the cash out by basically transferring the money into her account .

We both (my girlfriend and I ) have the same bank but not the same bank account - in the past we did do some transfers like that I should add so no biggie I said - Lets give it a try.

She was successfully able to get a cashier's check from the bank in the amount of $10.000 at first and gave it to the friend.
She waited 4 days later and together they went and she again was able to get another $10.000 in cashiers check and gave it to the friend so there it goes total $20.000.

They waited another 4 day and when she returned to the bank, the teller noticed that the funds being transferred from my account to hers without me or signature was weird so he refused to allow the transaction.

She called me overseas to let me know
I right away called up this friend to discuss the failed attempt making sure he understands that it is not because my girlfriend did not want to give him the cash but because I supposed the bank did their job then not allowing just anyone to grab money out of my account without my okay...
Because lets suppose this wasn't my girlfriend? The bank would had to pay me back so I did not blame them.

So I tried to call the Bank from overseas, identified myself and explain the reason why I could not be there since I was overseas and they agreed that I had fully identified myself and my account but since they could not tell whom I was in really due to fraud they refused.

I let my friend know that I guess since my trip wouldn't be too long, he should let his uncle know of the circumstances and once I am back we would proceed with the remaining action and get him the car... NO BIG DEAL THERE RIGHT??

My friend said no he could not wait and that he needed the money right away and that he thinks we are trying to keep the money .. I was shocked.
Plus the shocker is this: WHO STEALS SOMETHING THAT IS SUPPOSED TO BE THEIRS AT THE END?
I tried my best to explain to my friend that as soon as I arrive we both would walk in the bank, get the money out and since he acted the way he did, I let him know that I would no longer do the car buying and he should find someone else..
I've also sent this friend a copy of of my online statement even in DECEMBER 3 weeks before I came back to the USA, showing the full amount being there.
--> Even then he never returned my email saying he had already taking me to court.

He did not even wait for me to be back and VOILA he took me to court, behind me and made false statements to his lawyer according to the documents I saw in my mailbox stating that we are a married couple and a judgment was made before I even got in America.

His lawyer had also placed a Levy on her account even though the contract we have between this friend and I does not state her anywhere in it.

The sad part is, I believe his lawyer acted based on what the friend told him, but the reality is the contract itself has no set due date, she is not part of it and plus I DID NOT break any contract since I NEVER spent the money, still in my account and was overseas so obviously there was NOTHING I could have done but him to be patient and stand for me in front of his uncle if indeed he was a good friend or at least give me the benefit of the doubt - till I come back and say I am not giving him the money -

Nothing like that happened, plus he knows I am honest so why do this?
Now I need to know, can I file a complaint somewhere as I was never personally served anything, never given the chance to defend myself and now this?

How do I get my girlfriend freed up from this mess as she obviously has NOTHING to do with it?

*** CAN I TEACH this friend a lesson by offering to do a monthly payment, dragging this even longer so he knows NOT TO DO this in the future to his friends specially when everything is no honest and he is the one being a JACK ASS??



Thank you for reading.

And yes I'll be smarter next time before I become friend with someone from CONGO EVER again.What is the name of your state (only U.S. law)?
 


Mockson

Junior Member
You do not have to be served in person; if they served your abode, thats good enough.

You may be able to up the default judgment in your case and then the case would proceed from there with you filing documents responsive to the complaint.

You need an attorney.
But this is a legal matter, his lawyer cannot just have it dropped it in my mailbox at home in the USA and proceed to get a judgment against me I believe that is a misrepresentation to the court.
I was NEVER informed of ANYTHING - this is a surprise type of deal...

Can I do this WITHOUT a Lawyer?
 

fraudwatch

Junior Member
Your story is convoluted and not believable. There are red flags everywhere.

You claim that a friends uncle wants to buy a Lincoln Aviator.
The uncle lives in the Congo
You offer to help your friend find a auto for his uncle because, as you say, your friend "knows nothing about cars I would help him." Fine. Then your story falls apart.

-First red flag:
The money is not sent to your friend. Why was the money not sent to your friend--- you find the car, your friend pays for it with his uncle's money. Your friend ships it. Simple. End of story.

Instead, you say they convince you to be recipient of the money.
-Second red flag:
You agree!

-Third red flag:
You claim that your friends uncle sent $10,000 to you, for a debt owed, by your friends uncle, to an third party in another state.
You agree?
Of course, it would be too simple and normal for the uncle to pay his debts directly and you would never question why he involves you!

-Fourth red flag:
You say you agree to a scheme, where, after you receive the money, you are to send the money to your friends account and then your friend is supposed to send the money back to your account. Sure thing buddy!--that makes sense.
"I later understood it was simply because he needed a proof that indeed the funds arrived and that his nephew witnesses it ... "
Do you realize that if the "uncle" wanted proof, he would have sent it to his nephew in the first place? A first grader would have figured that out.
And you agreed? And never mind that the bank gives confirmation of a wire transfer to the sender.

-Fifth red flag:
You claim the money is now in your account. Now your job is to get the money back to your friends account. Where it should have been sent in the first place.

Sixth red flag:
Then you expect us to believe that your bank would twice authorize without authorization, giving a total of $20,000 from your bank account, to someone that the account does not belong to (your "girl friend"), and that the bank doesn't catch on until the third withdrawal?
Sure thing buddy! I can hear that conversation...

Woman to bank teller: "I would like to withdraw $10,000 from my account."
Teller: "Yes mam. What is your name please."
Woman: "My name? It's Mr Thomas Vanderlay."
Teller: "One moment Mr Vanderlay..." click, click, click Do you have an ID, Mr Vanderlay?"
Woman shows her drivers license and bank card to teller. License and bank card shows woman to be Carla Dikeston, bank card has different account number.
Teller: "Mr Vanderlay, there seems to be a problem here, the account number on your bank card does not match?"
Woman scans the room nervously..."I, uh, I am not sure why?"
Teller: "No problem Mr Vanderlay. How would you like the $10,000?"
Woman: "A cashiers check please."
Teller: "There you go mam. Will there be anything else today?"


eighty-fifth red flag:
"My friend said no he could not wait and that he needed the money right away and that he thinks we are trying to keep the money"
Again, sure thing buddy! Your friend needed the money very badly right away so that he could give it back to you.

If there is actually a story, this isn't it......
The real story, if there is one, is that you have $10,000 that doesn't belong to you but belongs to your friend. You have admitted this. You won't give him his money back, for whatever reason, he gets a judgment, you cannot pay him.
Thanks for the entertainment.
:p
 
Last edited:

Proserpina

Senior Member
Your story is convoluted and not believable. There are red flags everywhere.

You claim that a friends uncle wants to buy a Lincoln Aviator.
The uncle lives in the Congo
You offer to help your friend find a auto for his uncle because, as you say, your friend "knows nothing about cars I would help him." Fine. Then your story falls apart.

-First red flag:
The money is not sent to your friend. Why was the money not sent to your friend--- you find the car, your friend pays for it with his uncle's money. Your friend ships it. Simple. End of story.

Instead, you say they convince you to be recipient of the money.
-Second red flag:
You agree!

-Third red flag:
You claim that your friends uncle sent $10,000 to you, for a debt owed, by your friends uncle, to an third party in another state.
You agree?
Of course, it would be too simple and normal for the uncle to pay his debts directly and you would never question why he involves you!

-Fourth red flag:
You say you agree to a scheme, where, after you receive the money, you are to send the money to your friends account and then your friend is supposed to send the money back to your account. Sure thing buddy!--that makes sense.
"I later understood it was simply because he needed a proof that indeed the funds arrived and that his nephew witnesses it ... "
Do you realize that if the "uncle" wanted proof, he would have sent it to his nephew in the first place? A first grader would have figured that out.
And you agreed? And never mind that the bank gives confirmation of a wire transfer to the sender.

-Fifth red flag:
You claim the money is now in your account. Now your job is to get the money back to your friends account. Where it should have been sent in the first place.

Sixth red flag:
Then you expect us to believe that your bank would twice authorize without authorization, giving a total of $20,000 from your bank account, to someone that the account does not belong to (your "girl friend"), and that the bank doesn't catch on until the third withdrawal?
Sure thing buddy! I can hear that conversation...

Woman to bank teller: "I would like to withdraw $10,000 from my account."
Teller: "Yes mam. What is your name please."
Woman: "My name? It's Mr Thomas Vanderlay."
Teller: "One moment Mr Vanderlay..." click, click, click Do you have an ID, Mr Vanderlay?"
Woman shows her drivers license and bank card to teller. License and bank card shows woman to be Carla Dikeston, bank card has different account number.
Teller: "Mr Vanderlay, there seems to be a problem here, the account number on your bank card does not match?"
Woman scans the room nervously..."I, uh, I am not sure why?"
Teller: "No problem Mr Vanderlay. How would you like the $10,000?"
Woman: "A cashiers check please."
Teller: "There you go mam. Will there be anything else today?"


eighty-fifth red flag:
"My friend said no he could not wait and that he needed the money right away and that he thinks we are trying to keep the money"
Again, sure thing buddy! Your friend needed the money very badly right away so that he could give it back to you.

If there is actually a story, this isn't it......
The real story, if there is one, is that you have $10,000 that doesn't belong to you but belongs to your friend. You have admitted this. You won't give him his money back, for whatever reason, he gets a judgment, you cannot pay him.
Thanks for the entertainment.
:p



*applauds*

Also known as a variation on the Nigerian scam ;)
 

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