Hi, Sherry, My name is XXXXX XXXXX my goal is to provide you with Excellent Service and it will be my pleasure to assist you today. I need a bit more information, if you do not mind,
1. You stated that American Express won because you did not know there was a trial; Was a Default Judgment entered against you ?
2. If they got a Default Judgment against you, for what purpose is the July trial ?
3. Was the credit card in the name of your business ? Was your business a corporation ?
4. Was your husband named as a Defendant in the Complaint, or at any time in this case ?
I forgot to attach the case . At the end , I will answer your questions.
Hi, Sherry, Thank you for your additional information, Please give me a few minutes to type your Answer. I do not give "stock" Answers; each Answer I give is specifically for the customers specific facts. So, please be patient because my typing leaves a lot to be desired, :)
I am here. take your time. this is important to me
Hi, Sherry, Thank you for your patience.
1. There is a default judgment entered, therefore, I seriously doubt that the Judge will "unfreeze" any account. For all the Judge knows, everything was done according to the rules of Civil Procedure. Therefore, the first thing you must do is to file a "Motion to Set Aside Default Judgment" and in that Motion, you will allege that you were never served with process, therefore, you could not file any Answer and avoid a default judgment. You will also allege that you contacted the Attorney for the Plaintiff and he never told you that a Complaint was filed with the Court and that he told you that there was no need to go to Court. You must say exactly what happened, he misrepresented everything to you. Also state that you have a meritorious defense, i.e., this was a business credit card, business was a corporation, you were never personally liable for anything, that your husband has his own business which is totally unrelated to your business, that he was not named as a Defendant, yet the Plaintiff is illegally levying his checking account to satisfy a default judgment which is invalid ab initio.
2. You will also request in the Motion that the Court issue an Order rescinding/revoking whatever it issued which gave authority to Plaintiff's Attorney to seize the bank account(s) (Writ of Attachment ? Writ of Garnishment ?).
3. You should also ask in your Motion that the Plaintiff properly serve you with a "Time-Stamped" copy of the Complaint so that you can file an Answer and assert your meritorious defenses.
You might want to get a copy of the Affidavit of Service that the Plaintiff's' process server filed with the Court and attach it to your Motion and state that the description of the individual they served is not a description of you. God, it would be so much easier if this was done over the phone, but we are not permitted to communicate with customers by any means, other than in this forum. I do not know how, but many customers have foundme and called me, They must be very ingenious,
If I have not Answered your Question completely, please let me know by using the "Reply" button and I will be glad to explain further,
Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,
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Hi, Sherry, I just noticed the additional comments you posted. Apparently, you filed a Motion to Vacate Default Judgment which is the same as the "Motion to Set Aside Default Judgment". Did you allege all the issues I raised in my Answer to you ?
i filed a motion to vacate because I was not served.
and a motion to unfreeze the checking account .
Yes, I filed the motions. I need to know what do I do from here. what did the lawyers do ( see the last entry of the case). what does this mean ( below)
are you still here? I need to get an answer to :
1. what do I do from here to get the so called proof that i signed something that makes me responsible personally. I didnt sign anything
2. what does the last entry mean. what did the lawyers mean - "
1. As the alleged debtor under the American Express Card, are entitled to demand documentary proof that you are personally liable on the business debt evidenced by the balance on the American Express Card. You will demand proof from the Attorney, but this time it will be in writing,
Dear Mr. ________ :
You will recall that in or about _______ , 2013, I made verbal demand for proof of personal liability on the corporation's debt. You assured me that if I did not hear from you, there would be no hearing. You did not contact me, I was not served, you gave me no hearing date, and in reliance on your representations, I did not appear in court. Consequently, you seized the opportunity to obtain a default judgment against me, personally for the corporation's credit card debt.
I have filed a Motion to Vacate which will be heard on July 18, 2013, 9:00 AM. I also filed a Motion to Quash Garnishment for the Writ of Garnishment you illegally served on ______ Bank to garnish my husband's account and for which I will seek damages since he is totally unrelated to the subject business, nor was he named in any suit you filed.
Under the Fair Debt Collection Practices Act, I am once again making demand for documentary proof that I agreed to be personally liable for the debts of the corporation. If you do not produce it at least five days prior to the hearing date for my review, I will seek sanctions against your client and will ask the Court to prohibit you from introducing any such document into evidence.
2. I have read all the docket entries and the Court uses a code for the particular pleading which is being docketed. Apparently, on June 11, 2013, the case file was sent to Judge's Chambers. Another entry on June 13, states "Notice of Outcome of Motion and that a copy of said Notice was sent to you on that date. However, it does not specify which Motion of your two Motions it refers to;
3. The final entry also has code numbers and I am not familiar with. A quick call to the Docket Clerk at the Court will explain the entry.
If I have not Answered all your questions, Please let me know by using the "Reply" button and I will be glad to explain further,
You said that it was not clear which one of my motions were ruled on. So who do you call ( which office or clerk) handles finding out that information. Once I find out which one has not been ruled on, what do I do about that? It is important to be able to fight both motions. One has to deal with the frozen account and the other deals with whether the verdict should be thrown out because I was not served. So, if, you can guide me to the right department so I can find out this information, and I do in fact find out which one was ruled on, how do I get the other one to be ruled on before the trial date in July. I want to be able to address the fact that there should not be a default because I was not served,and also be able to get the judge to unfreeze my checking account. Isnt that the main issue for me right now? and then after i find that out, i would need you to help me prepare for the hearing. I am far from being a lawyer. I am an artist and designer. If you go to http://www.sherrywolf.com, you will see the handbags that I sold to stores such as nordstroms, bloomingdales, henri bendels...etc..... if you go to "art gallery" on the menu bar you will see some of my super-realistic paintings. click on the realistic ones and see the detail that I put in these paintings. It might take me a year to paint one of the large realistic paintings. But my precious 22 year old daughter died about three and a half years ago after graduating from the University of Michigan. She was beautiful, brilliant and funny. I have not been able to work since that devastating loss. So the last thing I need is this aggravation. And the only reason I am handling my own case is because the economy has hit us hard. Doctors so not make anything near what they made years ago and I am not working. I do have a gallery in Palm Springs Ca that wants me to show my work, so I am considering it . But each day I wake up it is a struggle because I wake up thinking of Chelsea ( my daughter).
Do you think with some pointers from you, I can go into court and represent myself? or do I need to go with an attorney ? what state do you live? if it is maryland, you could represent me! Let me know!!!!thanks
Hi, Sherry, Thank you for the compliment,
Please accept my heartfelt condolences on the loss of Chelsea; you will both be in my prayers, I promise you.
Yes, I understand that your concern is with "unfreezing" the account. Here is how I see it. The Writ of Garnishment served on the bank was based on the judgment entered against you, correct ? A Writ of Garnishment cannot stand alone. It is created only after a Judgment is entered. Therefore, when the Motion to Vacate the Default Judgment is granted, there is no basis for the Writ of Garnishment, so it would necessarily be dissolved because it cannot exist without a judgment. I believe the best strategy would be when you argue your Motion to Vacate, one of the "prayers for relief" will be to ask the Judge to enter an Order rescinding the Writ of Garnishment. By the way, we are not permitted to communicate with customers, except in this forum and your telephone number was x'd out. I think that the computers are programmed to detect dashes as between numbers like 610- and then they x it out. The same thing happens when the computer detects the @ that is found in email addresses. So, your email is x'd out also. You can try again by writing everything out, so that instead of typing the'at' sign, write it out like henribendelatgmaildotcom or bergdorfgoodmanatyahoodotcom. You can try the same thing with a phone number without using any dashes, see if that comes through. I think that you can handle this case without an Attorney. It is not very difficult and I can help you by drafting the argument you will present to the Judge. As for finding out what the docket entries mean, tell me which Court it is in and I will try getting the contact information for you. You did not say anything about the letter I drafted for you to get the information from the Attorney for American Express. I am in pa. I have a niece by marriage in Maryland. Try it again andsee if your information will fly under the radar. I will look at the websites you mentioned. I grew up in New York and when I saw you wrote 'henri bendel, I became homesick. Please rate my service to you because that is the only way I can get credit, Thank you for understanding,
I did not see your last entry until now. Your letter was excellent! I will use it right away. And I want you to help me draft the argument to the judge. How do we do that ? how do I keep getting to you? If I rate the service right now, does that mean this session is over? If so, how do I find you? The botXXXXX XXXXXne is I want to keep this going until the trial in July. or....my you know what is sherry410ataoldotcom. the site is wwwdotsherrywolfdotcom . home fouronezerosixfivefourzerosixfourfour. cell fouronezerotwofouronesixzerofourzero. well that was interesting.
also, what did you say about that last entry? the "confessions of assets received" . they did that as a result of getting my motions in the mail and seeing that their will be another hearing. And again, do I call ,whom?, on monday to see which motion was ruled on for the hearing? or is it both motions? I cant tell.
thanks so much for everything!!!!!!!!!
I forgot to add that this is in district court of baltimore county. so when you wrote 'As for finding out what the docket entries mean, tell me which Court it is in and I will try getting the contact information for you' does that help you to find out this information for me? If I had the contact information I can further understand what those "docket entries mean".
Thanks again ssoooooooo much
Did you read my last Answer where I attempted to explain how I saw the Motions and the Garnishment ? I said the following:
"The Writ of Garnishment served on the bank was based on the judgment entered against you, correct ? A Writ of Garnishment cannot stand alone. It is created only after a Judgment is entered. Therefore, when the Motion to Vacate the Default Judgment is granted, there is no basis for the Writ of Garnishment, so it would necessarily be dissolved because it cannot exist without a judgment. I believe the best strategy would be when you argue your Motion to Vacate, one of the "prayers for relief" will be to ask the Judge to enter an Order rescinding the Writ of Garnishment. "
Therefore, logically, the Motion to Vacate would be the Motion that should be argued because once the Motion is granted, the judgment against you will be removed. When the judgment is removed, there is no basis for the Writ of Garnishment and you will ask the Judge to enter an Order dissolving the Writ of Garnishment which will be served on the bank which will "unfreeze" the affected account.
How this works is that the customer must rate the expert in order for credit to be given to the Expert. Without a rating from the customer, I do not receive credit for Answering the customer's question. If you want to find me here, all you have to do is type my name at the beginning of your question, like this,
"For Andrea .......... "
And, your question will be directed to me,
I need to know if you got my last reply with my numbers? and a question of how to get in touch with you again to handle this case and the questions I need answered. If I rate you now will it end the session. And if so, how do I get to you again. You are amazing and I want only you!!!!! I appreciate all that you did last night. You are brilliant.
Please let me know if you got fouronezero sixfivefourzerosixfourfour?
I have not heard from you. I am wondering if you are getting the messages. If you are getting the messages, please let me know.
I dont want to finish but I dont know if you are getting my messages. Please let me know how I can continue with you and getting me prepared for court.
You are fabulous!!!!!!!
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