Judgements

[JessiesGirl]

What is the name of your state? Arizona

I am not sure what I'm doing, so please bear with me. Thank you.

I was informed by a senior member that I had my day in court regarding past due bills, but I never went to court, or even knew I could go to court. I received a judgement, apparently. I had no idea who the creditor is, or that the creditor went to court, until the creditor took all the money I had in a bank account per court order.

I still don't know who that creditor was (although tomorrow I will ask the bank. My hubby told me money was taken by a creditor but he didn't give me any other info), or if there's any other creditors who will take money out of my bank account.

How best can I find out who I owe money to and find out the status of the creditor (collections, judgement)? I get bills and some collection notices in the mail but I have never received a notice about a court date. Is there a website or something I can check? If I pull my credit report, all the bills may not have shown up. Keep in mind there are only medical bills involved, no credit cards or anything else like that. I owe the money, but I just don't have it. No income except for hubby's work, and his work is sporadic (dirt hauling). No other source of money until annuity in January 2009 (medmal annuity). I would not have had these bills except ex "forgot" to pay for health insurance and "forgot" to tell me it was cancelled, and I found out on my 2nd day of a 3 day hospital stay last year.

 

[Debt Guy]

Your bank can give you the name of the creditor who has the garnishment order. You can call the creditor and ask for a copy of the judgment.

You may wish to go to the court clerk's office at the courthouse and ask to see the judgment file. Review it carefully. You will find information in the file on how you were served notice of the lawsuit. Typically, you must be served a summons either in person or by mail. If they do not have a good address, most states allow some alternate form of service (by publication or notice).

Again, the file will contain information on the method of service. If you think the service was defective you may seek to have the judgment overturned. A sample of defective service would be an affidavit in the file that the summons was delivered by hand and accepted by a someone you do not know or at an address at which you never lived.

As to identifying other creditors who are lurking for you, check your credit report at annualcreditreport.com. Credit reports are not always complete and you should not assume that just because no creditor is reporting on your report that there are no creditors.

 

[JessiesGirl]

Thank you for the info. I didn't ever receive notice in person. If by mail, would it have to be signed for? If not, then I do not recall ever receiving anything by mail, and I never signed for anything either.

I'll check out the info you supplied. Thank you again.

Kathy

 

[Debt Guy]

If by mail, would it have to be signed for?

Not necessarily?

Also, personal service does not mean "placed in your hands directly". Personal service could be accomplished by leaving the summons with anyone over X years of age that lives in your household. X is defined by state law -- usually about 14 or so -- in other words, old enough to realize it was important to give to you.

 

[JessiesGirl]

OK. Well, it's just me, hubby and 10 year old son at my place. I guess the only way to find out is thru bank, then courthouse. Thank you very much for the info. I will follow up.

Thanks again,

Kathy

 

[tanja53]

Good luck to you . Hope it works out.
Where I live in CA. I found summons posted on my door when I came home or left the house. I never signed for anything. And it supposed to be valid. The last one they put on the door in pooring rain and heavy winds.

 

[Chien]

tanja53 – we’re hijacking someone’s thread, but you’ve made the same comment about service by posting in two threads, and I don’t see it raised in a post of your own. I think it’s important enough to address at least once.

In your state, service by posting is not permitted except in Unlawful Detainer (eviction) cases. A court is also allowed to order service by any other means reasonably intended to give notice, but there are enough alternatives that I have never seen it happen in any other kind of case and “never” covers a lot of years. If yours is not a UD case, you might want to start your own thread, in the event that further comments are solicited.

 

[tanja53]

Thank you Chien I will do it now.