Judgment and Complaint

[MamaLuna]

What is the name of your state?Colorado

A default judgment was entered against me (due to improper service).

The original complaint is for $12k+ but references no account numbers--this would be the total of 2 Citi cards.

The judgement against me is for $3800, the amount of one card and references that account number.

If I pay the judgment with an accord and satisfaction letter can they sue me for the 2nd card since the amount in the original complaint claimed included the 2nd card?

I filed a Motion to Set Aside DJ a week ago so I'm not sure I would be able to pay the amount of the judgment.

 

[Ladynred]

Why do you think the service was improper ??

Attacking a judgment by claiming improper service isn't as simple as some people would have you believe. There is usually more than one legal method for service of process.

Second, what on earth gives you the idea that an A&S will get you out of a judgment ?? Is Accord and Satisfaction even upheld in CO ?? Even if it is, to make it stick you MUST follow specific procedures or you're just shooting yourself in the foot.

 

[MamaLuna]

Why do you think the service was improper ??

Attacking a judgment by claiming improper service isn't as simple as some people would have you believe. There is usually more than one legal method for service of process.

Second, what on earth gives you the idea that an A&S will get you out of a judgment ?? Is Accord and Satisfaction even upheld in CO ?? Even if it is, to make it stick you MUST follow specific procedures or you're just shooting yourself in the foot.

Well, I guess having a process server sign a certificate of service claiming he personally served me at an address I haven't lived at in almost 3 years would be considered improper service. The law firm also pulled my credit report one month prior to serving me...they had my current physical address yet they opted to "serve" me at an old address...an address that was NEVER connected to the credit card so they can not claim it was the last known address. So yes I feel confident that I will get the judgment set aside since I was never served a complaint or summons.

Second, the S&A will not get me out of the judgment. The judgment will be set aside due to the above. The question I am asking is if they accept (if it is upheld in CO, and I will have to research that) a S&A for the amount that they claimed in the judgment can they then sue for the second amount since they claimed that in the original complaint?

 

[Ladynred]

Yes.. I'd have to agree that the service was certainly based on bullhockey !! Since they pulled your credit before you were served, you sure have proof that they DID know your CORRECT address too. What an underhanded way to win a lawsuit..geez

As to your second question about the A&S.. I guess my question would have to be why did they only get judgment for $3800 when the Complaint was for 12k ?? That doesn't make whole lot of sense. Is there anything in the court papers about it ??

If you get a true A&S that is upheld by CO law, then they shouldn't be able to sue you for any remainder. The whole point of the A&S is an agreement that the matter is completely settled and agreed to by both parties. You probably ought to consult with a lawyer on that one.