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  1. #1
    Join Date
    Dec 2011
    Posts
    9

    Default Default Judgment Entered by Creditor

    My question involves judgment recovery in the State of: Colorado

    I originally had a credit card account with HSBC (Best Buy) with a $500 limit (charged off in 7/2007, if I remember correctly). I defaulted on the card, it was apparently sold to a collection company in Denver, and they filed papers in my county court. I was served and I did show up to the court date which was early last year. The single court date involved was a 10 minute meeting with a 'representative' from the collection company. She claimed I owed appx $1300.00. Needless to say, I declined, recited some lines from the Fair Credit Reporting Act, etc, etc and told her that I would pay the original debt of $500 regarding this alleged matter. She saw that I was not going to be a pushover (and was probably surprised that I showed up in the first place) and said she would talk to her boss about my offer and good-bye. No judge, no courtroom, no judgement, no anything related to the entire legal system. I received an email with a counter offer for just above $735 later the same day and I again asserted my claim and situation but I also countered with offering $600 for satisfying this alleged debt. I never heard back from her after that.

    Now, I receive a letter from the same collection company but a different person. They claim that a judgment was entered in the above referenced case on 2/3/2012 and the balance of $1635.03 with interest at 8% per year will accrue. Like I said, the above was the only court date that I was served for and did appear, meet , and try to negotiate a settlement. Nothing happened after my last offer and I have had no contact for over a year. I have had no other summons regarding the matter served to me and had absolutely no other court dates assigned or pending. The best part is that as of January 5th, 2012 I had moved to New Jersey and this is where the letters are being forwarded to.

    Finally, my simple question is, how can they claim to do all of that without literally following the law? If there were other summons or court dates, I would have surely appeared but there was nothing. I cannot imagine that a process server would just toss it in the bushes and call one delivered. I also do not know if there is any other reasonable circumstance that would permit a judge to enter a default judgment without me knowing about it much less not be there to let it happen in the first place.

    The only other option is that the letter is a veiled threat and/or a false claim and I can sue them for it

    Thank you

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: So They Claim Anyway

    The best part is that as of January 5th, 2012 I had moved to New Jersey and this is where the letters are being forwarded to.
    they do not generally forward a summons


    The only other option is that the letter is a veiled threat and/or a false claim and I can sue them for it
    Sue them for what? They apparently filed a suit. Service was apparently proper. You didn't show so they got a default judgment. Now, you have to find a reason the judgment should not have been ordered. I would start with getting a copy of the case file and look to see how service was made. If it was defective, there is your opportunity to get the judgment set aside.

  3. #3
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: So They Claim Anyway

    did you file a new appearance?

  4. #4
    Join Date
    Dec 2011
    Posts
    9

    Default Re: So They Claim Anyway

    I know they do not forward a summons. I was in Colorado until that date. The apparent judgment is dated not even 1 month later. I am inferring that they would have served me a bit before that while I was still there. They did not. I was not served with anything other than a summons to appear the first time more than a year earlier, which I did show for. I met with their lawyer. We tried to negotiate with me leaving the final offer. No word for over a year. Now out of the blue they claim, BAM, a judgment. Now I will retract my 'friendly-wink captioned' joke to sue. I could not care less. I just want to pay my original debt and have them off of my back.

    So. Now how can they just move forward after our meeting without any further contact from the court or that agency?

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: So They Claim Anyway

    Now how can they just move forward after our meeting without any further contact from the court or that agency?
    Like I said; you will have to get the court file and find out what actions were taken that resulted in the situation as it is.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: So They Claim Anyway

    When you say "I did show up to the court date" do you mean that you entered the courtroom, went on the record, and stated that you were representing yourself in the case? Did you file a written answer with the court? Or did you just meet the attorney, talk, and go home without ever going on the record or filing an answer?

  7. #7
    Join Date
    Dec 2011
    Posts
    9

    Default Re: Default Judgment Entered by Creditor

    I appeared for what I thought was a date with the court. What ended up happening was me waiting outside one of the courtroom wings where there are pretrial conference rooms for my turn to talk to a person with the collection company. We negotiated but there was nothing formally entered on public record in a court room, in front of a judge, or any official of any sort from the court. Not even a clerk. After I proposed a settlement she left and we each made one counter through email. I even went to the clerks office after our meeting thinking I had to pay a fee for the day and was told only if I went in front of a judge. After she reviewed my case # and saw that I had not, she said nothing was due. It was my first time dealing with a collection matter. I never heard back in any form until now. For all I knew I thought they just said "screw it" and gave up. I am after all unemployed and very low on any sort of money so there is nothing for them to garnish or levy. I have no assets and no valuable property. I would have paid them though and would still like to. It just seemed to stall and not go anywhere after that day. Had they simply contacted me to reject my last offer or counter again, we probably would have had an agreement in the works or at least a point from which to continue. Now a little over a year goes by and here this is. Maybe a bit naive but is it possible to call the courthouse and speak directly to the judge or magistrate in question to maybe ask her/him to vacate or conditionally vacate so I can negotiate a settlement again? This is going to be a ridiculous nightmare if my only option to fight this thing from out of state is to hire a lawyer and have to go through the motions. I mean, I would love to but my financial situation has absolutely no wiggle room at all for it.

  8. #8
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Default Judgment Entered by Creditor

    well it sounds like they at least failed to mitigate this issue...you still have the emails? If so, make hardcopies.

    You should have tried harder to settle this case long ago.

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