Expert: Michael Brotherton - 12/6/2007

Question
I am between a rock and a hard place in North Carolina. In March of 2006 I received notification from Unifund CCR Partners thru an attorney that they were attempting to collect on a citibank credit card debt.  I immediately contacted them (the attorneys) by phone and asked for proof of the debt.  In April I received a civil summons for $4922.95 for supposed principal, interest and attorney fees.  I called the clerk of court and asked when the case was scheduled to be heard and she told me they would notify me. 24 Jun 06 I finally received a letter from the attorneys with credit card statements from between 05/08/2002 and 04/08/2003 (last payment made on card was 03/05/2003) with a balance of $1970. On 29 Jun I received a notice of Arbitration Hearing from the court for 27 Jul.  On 26 July (the day before the arb.hearing) I received a letter from the attorneys with a copy of a default judgement for $6,045.96.  I showed up a court the next day for the arb. hearing and the arbitrator told me it had been dropped from the schedule. When I asked the woman at the arbitrators office why I hadn't been notified of the date of the default judgement or that the arb. hearing had been dropped she said that their office doesn't know when a default is issued so they didn't cancel the arbitration until the last minute.  Next I received a writ of execution for $5,668.37 delivered by the sheriff, which they have been unable to collect on because I don't have the assets or income to pay.  28 Feb 2007 I received a letter from the attorney wanting $7,079.16 or they would again sent the sheriff out.  31 May 2007 I again received a letter from the attorney, this time for $6354,24;  and 30 August 2007 another letter requiring payment for $6,449.07.  Every time I have tried to appear the fight this I've not been notified or the date was dropped. Then all I hear from everyone is you need a lawyer, the problem is I don't have the financial ability to retain one and the ones I have talked to basically act as though it is not worth their time.  What can I do?  I just saw where someone else petitioned the court to reopen the judgement and got it dismissed.  Can I do this?, and what else must I do.  I am a retired veteran receiving disability and cannot afford to loose my vehicle or home or pay this judgement.  Please help.  Thanks.

Answer
I am afraid this could be more complicated than you may be able to handle yourself. You really do need an attorney. There are service issues and other legal issues that may enable you to get any judgment overturned but these are legal maneuvers that the average person would not be able to deal with. I am all for taking action yourself when attorneys aren't available but this is not one of those situations I would recommend handling yourself. You might try writing the judge and ask them to give you an opportunity to defend yourself and ask him to reopen the case. Be very specific about what transpired and that you were not properly notified during the process. You do have a right to be served and to defend yourself. Don't be intimidated. Get indignant and fight back. You may have a shot at justice.

Good luck.