Default Judgement

[blove29]

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

I just received by mail a default judgement letter on bad credit card debt in the mail. I was served 2 months ago in which i responded to the courts and the plaintiff on a 'notice of appearance' and was sent by certified mail in which I have records of them signing on the mailed letter. The letter was received within that 30 day window.

I just got off the phone with the courthouse and they have records of my letter. I asked them why a default judgment was made and she told me i would need to schedule a hearing with the judge. Well, the whole point of a 'notice of appearance' states you do not agree to the summons and they cannot file a default judgement. What is wrong with the courts? I did my research and responded to this summons.

And the irony of this is it is with citibank, the same company that is receiving bailout money which will be funded by my taxes. So I am already paying for this dam CC from my taxes...

 

[seniorjudge]

If you do not show up for court, a judgment will be entered against you.

 

[Antigone*]

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

I just received by mail a default judgement letter on bad credit card debt in the mail. I was served 2 months ago in which i responded to the courts and the plaintiff on a 'notice of appearance' and was sent by certified mail in which I have records of them signing on the mailed letter. The letter was received within that 30 day window.

I just got off the phone with the courthouse and they have records of my letter. I asked them why a default judgment was made and she told me i would need to schedule a hearing with the judge. Well, the whole point of a 'notice of appearance' states you do not agree to the summons and they cannot file a default judgement. What is wrong with the courts? I did my research and responded to this summons.

And the irony of this is it is with citibank, the same company that is receiving bailout money which will be funded by my taxes. So I am already paying for this dam CC from my taxes...

There is nothing ironic about it. It is simple logic. People like you who charge like the dickens and then can't pay what they owe are one of the reasons Citi is in the predicament they are in. They should have been more careful in their lending practices and not given people who aren't financially stable credit.

Your taxes are purchasing shares in Citi, so by way of Uncle Sam, you and I (Oh I hate to think we are in the same boat) are now shareholders. So do us both a favor and increase shareholder value and pay your debt and advocate for personal fiscal responsibility.

 

[blove29]

Actually they never held up their end of the agreement I had with them when we setup payment arrangements with them when the account was only 60 days past due. It had been setup to automatically deduct from my checking account every 30 days but due to a computer error it kicked my checking account out of the system and was sent to their collections department within a day. I even sent certified mail my checking account balance the day they tried to pull the funds, and clearly was plenty of cash to cover the payment.

Back to my question though, the summons never said to show up to court. It just said i needed to respond in writing within 30 days in which i did with a legal document called 'notice of appearance'. A notice of appearance clearly states you do not agree to the judgement and that a default judgement cannot be placed against you and if need be citibank will now have to schedule a court hearing.

 

[Zigner]

Actually they never held up their end of the agreement I had with them ...

Oh, you mean the one about letting you use their money?

 

[mdrummer5]

Actually they never held up their end of the agreement I had with them when we setup payment arrangements with them when the account was only 60 days past due. It had been setup to automatically deduct from my checking account every 30 days but due to a computer error it kicked my checking account out of the system and was sent to their collections department within a day. I even sent certified mail my checking account balance the day they tried to pull the funds, and clearly was plenty of cash to cover the payment.

Back to my question though, the summons never said to show up to court. It just said i needed to respond in writing within 30 days in which i did with a legal document called 'notice of appearance'. A notice of appearance clearly states you do not agree to the judgement and that a default judgement cannot be placed against you and if need be citibank will now have to schedule a court hearing.

Credit aside and payment issues aside, this appears this is a legal issue and you claim to have done your research. Obviously the judicial system feels otherwise. I'm not an attorney but this is precisely why people should not try to do things pro se unless they are advised by an attorney to do so but that would mean they wouldn't get paid so I can't imagine that ever happening...regardless...you don't seem to know what you're doing.

I've found this site to be very informative...but there's no replacing a face to face with a good attorney.

 

[seniorjudge]

...

Back to my question though, the summons never said to show up to court. It just said i needed to respond in writing within 30 days in which i did with a legal document called 'notice of appearance'. A notice of appearance clearly states you do not agree to the judgement and that a default judgement cannot be placed against you and if need be citibank will now have to schedule a court hearing.

...

Definitions of summons on the Web:

* bidding: a request to be present; "they came at his bidding"
* an order to appear in person at a given place and time
* summon: call in an official matter, such as to attend court
* a writ issued by authority of law; usually compels the defendant's attendance in a civil suit; failure to appear results in a default judgment against the defendant
wordnet.princeton.edu/perl/webwn

 

[blove29]

Well maybe I just had my legal mumbo jumbo talk messed up with the word 'summons'. I was just served papers stating that I was being sued my citibank and that I had 30 days to file a 'notice of appearance' or a default judgment would be placed. Hence, my original question of why a default judgment was placed when i filed a 'notice of appearance' with the courts. And i know my 'notice of appearance' was filed correctly.

In other news Citibanks stock fell again to $1.50 a share lol. Gosh damn the government just let them die and my debt will be wiped clean...lol

 

[TigerD]

Well maybe I just had my legal mumbo jumbo talk messed up with the word 'summons'. I was just served papers stating that I was being sued my citibank and that I had 30 days to file a 'notice of appearance' or a default judgment would be placed. Hence, my original question of why a default judgment was placed when i filed a 'notice of appearance' with the courts. And i know my 'notice of appearance' was filed correctly.

In other news Citibanks stock fell again to $1.50 a share lol. Gosh damn the government just let them die and my debt will be wiped clean...lol

1. Your debt wouldn't be wiped clean. It would be administered by someone appointed by the court or sold to someone like me.
2. If someone like me buys the debt and you take this attitude with us, we'll put the boots to you and really show you what hell feels like.
3. If you did your research, you wouldn't have screwed up the paperwork or confused the terms. Oh, yeah, and you probably wouldn't have suffered a default.
4. Since you have pointed out that I am now a shareholder in Citibank and you owe my company money, Pay Up.
5. Actually, I wonder if that could make me the original creditor, since I am a shareholder. Zig, would that provide me an end run around the FDCPA?

DC

 

[Zigner]

Well maybe I just had my legal mumbo jumbo talk messed up with the word 'summons'. I was just served papers stating that I was being sued my citibank and that I had 30 days to file a 'notice of appearance' or a default judgment would be placed. Hence, my original question of why a default judgment was placed when i filed a 'notice of appearance' with the courts. And i know my 'notice of appearance' was filed correctly.

You didn't SHOW UP! I'm not really sure how it can be made any more clear for you

In other news Citibanks stock fell again to $1.50 a share lol. Gosh damn the government just let them die and my debt will be wiped clean...lol

Why do you think it would just go away?

 

[Zigner]

5. Actually, I wonder if that could make me the original creditor, since I am a shareholder. Zig, would that provide me an end run around the FDCPA?

DC

Heck, I'm thinking we should just bring in the knuckle-draggers to "take care of business"!

 

[blove29]

5. Actually, I wonder if that could make me the original creditor, since I am a shareholder. Zig, would that provide me an end run around the FDCPA?


yea well then i am a shareholder too, I am getting sued by myself...

DC[/QUOTE]

 

[Zigner]

yea well then i am a shareholder too, I am getting sued by myself...

Nope - you are not getting sued, you have been sued (and lost)!

 

[blove29]

@Zigner


Nothing states on the papers that were served that i needed to show up to court. Just that I need to file a 'notice of appearance' within 30 days or a default judgment would be made. 'Notice of appearance' letter isnt me needing to physically show up at the court house. Its just a legal letter that is sent saying you do not agree to the judgment you are being sued for and once the letter is filed it makes it is so a judge cannot award a plaintiff a default judgment.

It kicks the ball in citibanks court and then they must decide if they really feel like pursuing this. Most of the time the reason people get served is that 90% do not respond to the papers being served against them and then they get a default judgment against them meaning the plaintiff automatically wins.

I answered the court but I am still stuck with a judgment until I file a 'hearing' and explain to the judge that she made a mistake. Even the clerk i spoke to said over the phone that this is odd, because she has my paperwork filed and doesn't understand why a judgment was made.

In the end I always win because I am smarter and stronger then you.

 

[Zigner]

@Zigner


Nothing states on the papers that were served that i needed to show up to court. Just that I need to file a 'notice of appearance' within 30 days or a default judgment would be made. 'Notice of appearance' letter isnt me needing to physically show up at the court house. Its just a legal letter that is sent saying you do not agree to the judgment you are being sued for and once the letter is filed it makes it is so a judge cannot award a plaintiff a default judgment.

It kicks the ball in citibanks court and then they must decide if they really feel like pursuing this. Most of the time the reason people get served is that 90% do not respond to the papers being served against them and then they get a default judgment against them meaning the plaintiff automatically wins.

Your bumptiousnesss, combined with your ignorance, is what got you this far.