Settled before trial date

[Roman]

What is the name of your state? NJ

1. Settled with law office on July 7th
2. Trial date was set for July 17th
3. Receive alert from credit monitoring service
4. Check credit report- shows civil claim Judgement in public records
5. Have all documents and proof of payment
6. Could someone explain why this happened
7. Extremely fed up with this, at the point of becoming violent.

 

[You Are Guilty]

What is the name of your state? NJ

1. Settled with law office on July 7th
2. Trial date was set for July 17th
3. Receive alert from credit monitoring service
4. Check credit report- shows civil claim Judgement in public records
5. Have all documents and proof of payment
6. Could someone explain why this happened
7. Extremely fed up with this, at the point of becoming violent.

I don't suppose you bothered to advise the court/trial judge of your settlement before July 17, did you?

 

[Roman]

The courts received the same letter as I did on July 13th.

 

[You Are Guilty]

The courts received the same letter as I did on July 13th.

How do you know this/what's your proof?

If it's sufficient enough, you ought to be able to vacate the judgment.

 

[Roman]

The letter was sent to the courts from the Lawyer and I was mailed the copy.

 

[You Are Guilty]

The letter was sent to the courts from the Lawyer and I was mailed the copy.

OK, and where's your proof that the court received it?

 

[Roman]

This is the letter I received.



Dear Sir/Madam:

Please be advised that the above-referenced matter has been amicably settled between parties. Therefore, please reflect on your records that the above trial scheduled for July 17, 2006 may be cancelled.



Are you saying that they only sent the letter to me and not the courts?

 

[You Are Guilty]

This is the letter I received.



Dear Sir/Madam:

Please be advised that the above-referenced matter has been amicably settled between parties. Therefore, please reflect on your records that the above trial scheduled for July 17, 2006 may be cancelled.



Are you saying that they only sent the letter to me and not the courts?

It's possible. Or maybe it was lost in the mail. You need to check with the court clerk's office and see if a copy of that letter is in the court's file. If not, request the copy of the court's time-stamped letter from the attorney. That's the simplest way to prove the court actually had the letter before issuing the default. You can also use the opportunity to speak to the clerk (or even the judg'es clerk, if you can) as to the quickest (cheapest) method to correct the court's error.

Absent that, you'll likely need an affirmation from the attorney (with all the standard legaleze) in which he says that he sent the letter to the court well before the hearing.

Good luck.

 

[Roman]

Ok, I have finally figured this mess out****************************Spoke with the plantiffs lawyer office, the paralegal stated that a summary judgement went into effect on the 14th of July and they are filing a warrant to satisfy**************..I told her how is that possible when your office received payment on july 7th, I have the return reciept from the post office, she then told me not to worry," your judgement is paid" and it will reflect on your credit report**************....I then said if you received payment on the 7th how is it possible for a judgement to be granted on the 14th......She became really confused and put the lawyer on , he agreed that the matter was settled before the summary judgement and trial date and will send me papers to sign for vacating and dismissal****************************...Good luck to anyone who has to go thru this mess!!!!!!!


Thanks again You R Guilty!!!!!!!!!

 

[You Are Guilty]

Nice job - glad it worked out for you. A few weeks after signing the papers, make a follow up call to the lawyer's office to make sure they were filed (feel free to let the word "malpractice" slip if they haven't been). Then pull your credit report(s) to make sure the judgment is not listed.