with unpaid credit card bill, if a judgment is received, what can be taken with fi fa. bill is 7,000. I was not in town so not served. what happens next. help
Just because you were not in town does not mean you were not erved. Personal service can be leaving the papers at a residence or with someone who is a "responsible person". Talk to a lawyer in your town...you do not want a judgment filed against you.
Judgments are filed in the office of the clerk in the place (jurisdiction) where the suit was filed. They can be filed in other jurisdictions as well by being recorded in additional clerks offices.
The judgment gives the judgment holder the right to use various means to collect the judgment. The two most familiar are wage garnishment and freezing bank accounts. The judgment can also constitute a lien on any real property that is in your name. The judgment can sit in the Clerks office for many years, accumulating interest until you want to sell a house or refinance the mortgage on a property, and then title or the loan cannot be secured unless the judgment is paid off.
The first thing you need to do if and when you get sued is file an Answer. The summons will tell you that you must “appear” by way of an Answer in 10, 20 or 30 days, “depending on the method of service.”
You need a lawyer, but if you cannot afford one right away, rather then do nothing and have a judgment entered against you, is to “appear” by filing something!
Many people think this means they have to go to Court and this is incorrect. 90% of all lawsuits end in Default Judgments because the defendant (person getting sued) did not file an Answer.
I recommend you go to the free form I have on my website. Print it out and fill it out as instructed. You must answer the numbered paragraphs on the Complaint by writing them into the appropriate lines in the Answer. The Answer will allow you to preserve your rights and will prohibit a default judgment (i.e. you did not show up) from being entered against you.
Mimic the paperwork you got when you got sued. Answer all the paragraphs of the Complaint by writing the numbers in lines 1, 2 or 3.
Almost 100% of attorneys will deny what is owed because they did not do the calculations and do not know what the basis for the number is…
When you file the Answer that is your “not guilty”. You have the right to make the person suing you (Plaintiff) prove their case, but you must also answer the complaint truthfully.
Make sure you fill in the name and address of the attorney suing you before you bring this paperwork to the Court. Mail it to the attorney suing you right away!
Check out the guide I have drafted on the Avvo profile. This will provide more detailed instructions. If it is helpful remember to indicate that and get the guide read!
Good Luck!
Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship. The opinions expressed herein are those of the author only and the fact that he has worked as an Assistant District Attorney; State Supreme Court Clerk; Special Assistant United States Attorney (Hawaii); Assistant Cornell University Counsel or Judge Advocate, United States Marine Corps should not be relied upon to assume that these statements reflect the policy of these organizations.
YOu did not indicate when service was supposed to have occurred or whether it was served on a member of your family or household. If service was valid and you did not answer within the required time frame, a judgment by default was taken against you and a fi.fa. has been issued. The fi.fa. is recorded in any county wherein the creditor believes you may have property (personal or real). It will be recorded in the county where you work and they will commence what is called a continuing garnishment against you via your employer. They may, if they are aware of your bank accounts (or just your bank) file a garnishment with your bank to sieze funds in your bank. You need to get more information on not being served as this may be a grounds to set aside the judgment. The big advantage of that is that it would give you the opportunity to negotiate with the creditor.
This response is for informational purposes only and may not be deemed to create an attorney client relationship.
