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Collections Law/Summary Judgement question

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Expert: Creditwrench - 5/7/2009


Question
Hello. My name is Kenny. My story is this: I own EDD, which is basically an unemployment agency some money for overpayment. The amount is 1600. I supposed to pay them back monthly until the balance is gone. I missed 2, 3 payments and they turn it over to a collection agency. The collector rushed to file a summary judgment against me to get the whole amount back plus court fees, interest, etc total is now 2300. I want to know if there's anything i can do to fight this. I could pay the original amount that i own (1600) back to them but i can't pay all the court fees, interest. Is there anyway to fight a summary judgement ? Can a summary judgment be cancel ? What right do i have and is the collector not telling me something that i should know? The paper that they send me call the notice of entry of judgment. Is that the summary judgment official paper or is it just a notice ? Please help

Answer

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Quit trying to guess what has happened. Go to the clerk of the court and ask to see your public record. They will show it to you on a computer screen. Look for that judgment and then ask to see the paperwork in the file. They will do that and then tell the clerk that you want copies of all the paperwork in the file. You need to look for an entry of judgment and the return of service of summons. Once you have those you can tell whether you have been served, how you were served and when you were served. If the information on that sheet is false you can put in a motion to vacate the judgment on grounds that you were never served. You will have to prove why you could not have been served. Wrong address, you were out of town or out of state at the time or something. Whatever you claim you will have to have documentation or evidence of some kind to back it up. If you were properly served and a judgment has been entered against you then your only recourse would be to either pay it off and be done with it, or get some protection against wage garnishment, get all the money out of any bank accounts you might have so they can't grab that and leave you broke one fine day and maybe take steps to prevent seizure of vehicles, boats, trailers and that kind of thing and also any furniture or other valuable assets you might have. Getting such protection in place will save you a great deal of money and grief. In order to do that you need to contact Max Hemmingway at (302) 360-8448. He is expert at that kind of thing and can get absolute protection in place that can't be broken easily.  

Creditwrench

Expertise

Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.

Experience

I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.

Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.

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