collecting judgments

Discussion in 'Credit Talk' started by brauson, Oct 7, 2003.

  1. brauson

    brauson Member

    I have 3 judgments against me by one attorney representing one client.
    One of the judgments is in a county that lacked personal jurisdiction. Can they subpoena bank records if they find out where I bank? Do I have to be notified? Should I close the account or just keep a small balance that they can have if they want it-so I will know if they are snooping around?
    Any suggestions on out of state or online banks? The last judgment was in March of 2002 and the attorney or court has never sent anything - not a copy of judgment nor any attempt to collect or settle by the attorney.

    I am an independent contractor so there are no regular wages to garnish.
    I have no property in my name other than an old car and bank account.
    Only the judgment in the county that lacked jurisdiction is showing on my credit report. All of the negatives on my report will be off in 15 months except the judgment. AND I have moving to another county next month.

    This is my first post but I've been lurking around awhile.

    Thanks for your input

    brauson
     
  2. lbrown59

    lbrown59 Well-Known Member

    One of the judgments is in a county that lacked jurisdiction.
    brauson
    ===============
    Here it is again folks my question: Is a judgment from a court that lacked jurisdiction enforceable?

    THE END ** *** ** LB 59
    """"```--~~~~~~~~~--```'""'''
     
  3. brauson

    brauson Member

    I'm seeing an attorney on monday and will find out. I think I'll have to file a motion to set aside due to it being a void judgment. I hope I think right!
     
  4. Flyingifr

    Flyingifr Well-Known Member

    1. Yes
    2. No, and you won't be.
    3. Close it.
    4. I use Paypal and US Bank (I deposit by mail into US bank, and as soon as the deposit hits I electronically transfer it to Paypal. Even if US Bank account were to be found, there's nothing in it. paypal account is a sub-account of paypal's with Bank One, so my name won't show up except in paypal's records.)

    BTW, paypal will give you a debit card taht you can use just like a regular debit card, when you use it as a credit card they pay you 1.5% of the purchase amount and they pay interest on your deposit balance. No brick and mortar bank in AZ will do that.
     
  5. DanS

    DanS Well-Known Member

    Re: Re: collecting judgments

    side topic: I use the paypal debit card for those reasons also. Do you find the 3-4 biz day delay on the transfer annoying, on top of waiting for your deposit to clear?
     
  6. brauson

    brauson Member

    Re: Re: collecting judgments

    I have a previous relationship with Bank One and since they are associated with Paypal that may not be the best idea. What about just using a friends account to pay bills and ATM. The have an account in another state that is open with a small balance just for checking cashing purposes when they are working in that state.

    thanks for your help

    brauson
     
  7. lbrown59

    lbrown59 Well-Known Member

    Re: Re: collecting judgments

    What about just using a friends account to pay bills
    brauson
    =============
    Not a good idea as this obligates your friend to pay your bills if you default on them.
     
  8. Flyingifr

    Flyingifr Well-Known Member

    Re: Re: collecting judgments

    What's wrong with money orders?
     
  9. brauson

    brauson Member

    Re: Re: collecting judgments

    Thanks for your replies,

    I actually have 2 bank accounts with low balances, I am going to close the 1 with the least amount of transactions and therefore the least amount of information. But at least I will know what the judgment holder is doing.

    I will not be deposting anything other than cash to maybe pay a small bill everything month-like my penneys card! Just so if they file a garnishment on the account and its the one that lacked jurisdiction then I can traverse the garnishment on the basis that I will be attacking the underlying judgment.

    I got a po box yesterday and got all the utilities out of my name.

    Hoping they will just lay back down and go to sleep awhile.

    brauson
     
  10. brauson

    brauson Member

    Re: Re: collecting judgments

    and yes other than that, it's money orders and cash for as long as i need to!


    brauson
     

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