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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 1611
Experience:  Run my own successful business/contract law practice.
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Received, I received a default judgement about 2 or 3 weeks

Customer Question

Hi Pearl, received
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: I received a default judgement about 2 or 3 weeks after returning a "Notice of Intention to Appear," to the Plaintiff's Lawyers who sent me the "Complaint in Civil Action."
JA: Please give me a bit more information, so we can help you best.
Customer: I was banking with Huntington National Bank, when a customer gave me a $1,750 check for services rendered and to be rendered.
JA: Is there anything else important you think the Lawyer should know?
Customer: I asked the bank teller if it was a good check, and after consulting with managers, they said yes, and accepted it. about 3 weeks later, after I had performed a second week of services to the client, the bank called to say the original check was returned. I was working on sub-contracts , out of town, and was told by a branch in West VA that they could not accept a $500 cash payment the week I was notified and to go to my branch in Pa. I was not able to go for another week and when I did go they couldn't accept the $500 payment until I went back the same day. I was told that my account was in collections and I would receive a notice of the balance and a call or email from collections soon. When I didn't hear anything for 2 weeks, I called the bank to inquire. They said that the account had been charged off and sold at an auction about 30 days after the check was returned, which explained why the branch in W. Va and my Branch in Monroeville, Pa had difficulty accepting my $500 payment toward the debit. Then over a year later, I get a call from a lawyer's office saying they are collecting a debt FOR Huntington National Bank, and without offering me proof, began to call and eventually sent what looked to be court documents with no legal or professional looking letterhead. They first said they were a 3rd party debt collector, but on the documents they said they were representing Huntington National Bank.
JA: Tell me more about your problem so I can decide what kind of lawyer you need. I'm sorry I'm feeling very dense today, I just don't understand what variety of lawyer you are looking for. Could you please name the kind of lawyer you want to see?
Customer: A Civil Lawyer regarding debt collection practices and what looks like an improperly filed Default Judgement.
JA: I'm sorry. I just don't know enough law. I'll have to hand you off to a general lawyer.
Customer: ok
JA: OK. The Lawyer will need to help you with this. Our top Lawyer is ready to take your case. Just pay the $5 fully refundable deposit and I'll fill the Lawyer in on everything we've discussed. You can go back and forth with the Lawyer until you're 100% satisfied. We guarantee it.
Submitted: 1 year ago.
Category: Business Law
Expert:  MDLaw replied 1 year ago.

Hello. I'm sorry to hear about your situation. Can you please tell me exactly what legal information you are seeking so that I can ensure that I am of help to you.

Customer: replied 1 year ago.
I am filing a "motion to strike" the default judgement and also an "answer to the complaint." What standards do I need to meet to secure success?
Customer: replied 1 year ago.
Ok, because I cannot understand how a 3rd party can claim to be representing this Pa. bank when the bank's collections and legal department told me the account overdraft was charged off and the debt was sold at auction after 30 days.
Expert:  Phillips Esq. replied 1 year ago.

A different Professional and here and I am a practicing Consumer Debt Collection Defense Attorney.

If you filed your Notice to of your Intention to Defend the case, I am wondering why a Default Judgment was issued in the case. Did you not file an answer to the complaint or appear at subsequent hearings in the case?

As for what you were previously told regarding the account, the bank's personnel may have given you wrong information.

I look forward to your response.