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socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 39149
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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I received official notice that I was being sued. This was

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I received official notice that I was being sued. This was sent to me on July 15. The lawyer represents Amex for a debt I have with them. I did not ask for validation or discovery. I did not respond to the complaint at all in the thirty five day period. It is now almost a month after that period has ended. How do I find out if there is a default judgement against me? I am unemployed and have no assets so the best they can do is garnish my wages in the future, i guess. My bank account is not frozen. I only have 21 dollars in there. Is there anything I can do at this point? I do not have the money to work out a deal with them.
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 8 years ago.

How do I find out if there is a default judgement against me?


A: You can contact the court from which the notice was issued, and ask them if there is a default judgment entered.


As you point out, if you are judgment proof, then they can't get money from you, so at this point, there's really nothing to do.


Hope this helps.


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Customer: replied 8 years ago.
should i close my bank account to be safe. and does the fact that the plaintiffs attorney is still trying to call me, mean anything?
Expert:  socrateaser replied 8 years ago.

I can't tell you what you should do. You have to make the decisions. I "just answer" questions about the law.


If you have money in your account, then it's possible that the creditor can garnish that money. But, the creditor won't automatically know where that account is located, unless you have been ordered to disclose the account information.


The plaintiff's attorney wants to collect the money. He/she may want to try to settle, or to collect. You won't know unless you return the calls.


I'm not sure what you're worried about, if as you say, you're entirely insolvent, because the creditor won't spend money trying to squeeze blood from a stone. However, if you do have assets, then depending upon what those assets are and how they are held, the creditor may or may not be able to reach them.


But, I can't evaluate that, because I don't know what you have.



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