Hi there. I am being sued for a debt back in 2006, I have done everything I was suppose to do like, filing an answer, going to the arbitrator meeting etc, but the arbitrator of course went with the creditor and now, I got something in the mail. It said "notice of proposed judgement", I am not sure what that means and can you explain to me what exactly are the stages of all this because I have never been sued before.
Hello my name is XXXXX XXXXX I will be glad to answer your question.
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Welcome to JustAnswer.com
I am sorry to hear about this unfortunate situation.
Can you please tell me if the arbitration was binding?
Yes I am but I think this website routed me to the wrong person. It says you do traffic law, but what I have a question is about a debt back in 2006
I am a Consumer Protection Law attorney.
Most of the legal professionals on JustAnswer.com specialize in more than one area of law.
So you can rest assured that I have years of experience and high level of expertise related to credit card debt related issues.
So, Ok, so would you be able to help me with my legal question? By the way, if I get offline, that is because my computer sometimes shuts off on me.
not a problem.
Can you please let me know if you went to a binding arbitration?
Ok, what can you tell me about this proposed judgement thing I got in the mail. I don't know why these people like going after people that have no money. This debt happened in 2006-7 years ago. No, it was Non-binding
What is the amount of the proposes judgment?
They want 15,733,39 + 8,004,63 for interest +331.00. So the total is 24,069.02
Did you object to this judgment and is the case set for trial?
The only thing I got in the mail is this "proposed judgement" I can object to it? I didnt know, because if I can, I can go to the courthouse right now and object to it. This is all new to me
Well, if your arbitration was non-binding, then you can object to its findings and the case will be adjudicated through court.
Are you sure that arbitration was actually non-binding?
I see. Yes, I am sure......it said it right on the front page that it was non-binding
How much does it cost to object to a judgement?
In that case you can object to the proposed judgment.
It does not cost anything.
Did you raise any affirmative defenses in your answer?
Great!! That is really great news!! I tried everything. I might have because it sounds familiar to me but I don't have the paperwork in front of me right now
What is the time frame to when you can object to a judgement?
Well, given the fact that the plaintiff is suing you for more than $20,000 which is a fairly large amount, have you considered hiring a local attorney to help you resolve this?
I dont have that kind of money. I have 4 kids that need food and clothes and i just can not afford it.
But, if the plaintiff obtains a judgment against you, they will be able to enforce collection of the judgment, which can include seizure of your assets, garnishment of wages and bank accounts, tax refunds, etc...
I am sorry, I am going to have to let you go because I have to go to my daughters school, they just called me but also, I am going to head down to the courthouse today. Hopefully, that will work in my favor. Can I chat with you when I get back if you are still on about this legal matter?
Yes that is fine
I will be back online after 8 PM
Great! Thank you so much
I wish you the best of luck.Please click on the "Excellent Service" feedback, so I can receive credit for my answer.Bonus and positive feedback are always appreciated, but are not required.
I just got online right now, I am sorry it is so late
Do you have any related follow up questions for me?
I went to the courthouse and filed an objection to the judgement. Now what happens?
Basically, the judge will review it and will decide whether to grant a judgment or whether you have any valid defenses and whether there is a dispute of material fact that exist and whether they case should be tried.
Does this make sense?
Ok, so now I just wait then. I am sending a copy of what I filed to the collector tomorrow. That is what the court told me to do. But, I guess it's a waiting game. If the judge grants a judgement, do I get notified and if the judgement is not granted, what happens?
If the judgment is not granted you will be able to continue with the case.
Have you conducted any discovery yet?
well, I guess the discovery was part of the original documents that I got, First I got served, then I filed an answer, then they sent me the discovery (I think) and I did that, then I went to the arbitrator hearing, and then I got the proposed judgement in the mail.......I believe that is the order in which things happened.
So you also requested discovery from the plaintiff?
I sent them a verification of debt, and to prove that this debt is actually mine because I really can not remember back in 2006, with everything that was going on back then. I wanted them to provide proof of anything they had that tied me to this debt. I researched alot online on what to do.
I think I sent them a discovery but to be honest, I am really not sure. I am not use to all of this
Did the plaintiff send you verification of the debt?
They sent me printouts/transactions and also a contract that had my name and I guess the IP address, The fact is that they claim this debt happened in September of 2006 but we moved out of California in September of 2006. That is one thing that I do remember because we lost our house, and the electricity was turned off etc......it was a really bad time. The contract that they showed me was I guess digitally signed.
Well, in any case the judge will review your case at hand and will decide whether to approve proposed judgment or to allow you to take this case to trial.
I really don't know if I am fighting a losing battle. Before I got served, we were doing good. we were working on our credit, to get our scores up. We were really doing good and then this happened and now I am scared that I will have to file bankruptcy which I really do not want to do. My youngest son has Autism and ADHD and I have to buy medication for him, and feed all my kids, I have 4, And get clothes for them, If this judgement gets approved, That is like taking food out of my kids mouth, but they do not care.
How far will a creditor go with this?
I already mentioned, that the creditor will be able to enforce the judgment, by many different means
Have you tried to negotiate a settlement?
or a monthly payment plan, which you can afford and which would keep this creditor at bay?
I tried calling them once, The guy that I spoke to, he was very very rude. I did not accomplish much when I spoke to him. Should I try again? or is it to late?
You can still try and possibly they would agree to accept an affordable monthly payment.
Do you have any assets that can be seized if the judgment is obtained against you?
Are assets items that you actually own, that your not making payments on?
Assets, is something that you own without a lien holder or have equity in?
like house, cars, boats, bank accounts that have money in them, etc...?
The only thing I have is a bank account that we have money in.
well, bank accounts can be garnished if the creditor obtains a judgment
They listed my husband as J. Doe spouse on all the paperwork. But I am the only one that went to the arbitrator meeting. They didnt even ask about him. I do not work but he does, They do not know his info, they asked me but I would not tell them.
Unfortunately, Arizona is community property state, so if the creditor obtains a judgment, they will be able to go after your husband's income and bank accounts.
It is not difficult to find your husband's information for the creditor.
Oh wow. Ok, I have a question then. The beginning part of next year, we are planning to move. The place we are moving to is Canada to give our kids a better life. What happens then?
We are not moving because of this creditor. We have been planning this for a long long time and finally we can do it.
Well, the creditor can domesticate a US judgment in Canada which is not very difficult
Whether the creditor will do it or not, is difficult to predict.
I see, I guess creditors are relentless.....this isnt even the original creditor, on my credit report, it says that the original creditor wrote it off and then these guys picked it up. I found this out after I got served, I checked my credit report
However, if you declare bankruptcy and get rid of the judgment, then you would be free and clear and the US bankruptcy would not go on your credit record in Canada, as you would have to start a brand new credit history in Canada.
Most credit card debts get bought and sold constantly.
and, creditors can be relentless, especially given the relatively high amount they are going for.
Well, I guess it is a waiting game for now. I always heard that creditors don't go this far because it is to expensive for them and they usually give up. I guess, I am wrong. I am one of the select few that the creditor is going to hound for money, especially to a person that does not have alot of money to begin with.
I am sorry that this is happening to you.
No, I am done. Thank you so much for your time.
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