HELP!! Wage Execution notice rcvd

Discussion in 'Credit Talk' started by thescoob, Aug 22, 2003.

  1. thescoob

    thescoob Well-Known Member

    Arggggghhhhh.....

    Ok - after thinking that my nightmare with Bally's is over - yesterday I received a mailed notice of application for Wage Execution from a law firm representing Financial Credit Corp - assignee of Bally's.

    The background:

    This is for an 450$ on an old Bally's contract (circa July '94 or '95) which I had signed for, then stopped making payments on at the time I lost my job [dumb, I know]. The initial deposit was made, and one subsequent payment a month later was auto debited on a credit card I had at the time. Nothing else.

    It's worth mentioning that at the time I signed the contract, I was assured by the salesperson that I could "cancel at anytime - no problem" - however, I've found since then that Bally's has a horrible reputation for their people lying to get a deal. When I went back to the club to cancel, I was told to call their corp office - when I called Corp - they told me read the contract... essentially I was screwed.

    The collection was assigned to Perimeter (they were slime) harassed me at work, home, on my cell, etc etc - but I had no money to pay and basically just avoided it.

    Flash forward to 2000, I get mailed notice of a suit (didn't signed the green card, just mailed) - and I called the court to ask for another date due to not being able to get time off from work. They rescheduled... I told my boss I needed to go... he denied the time off request... I called the court again and they asked me to call the attorney for the plaintiffs. Like an idiot, I did... the attorney told me "sure we'll reschedule - just fax us a request to delay it". I did that... and never heard from them again... until I saw the judgement on my CR. (this was late 2000)

    So I disputed it to death... and have gotten it off my reports. And I never heard from them again... til now.

    The amount they want to garnish is over 2K. For many reasons, I can't have them garnish me. My company has me in line for a promotion and this could be a real incident against me... as our HR department keeps no secrets.

    I tried calling a local attorney whose listed on the NACA site, and guess what... he's buddies with the attorney going for the garnishment ... his assistant told me "sorry - you're a conflict of interest"... CLICK. Most of the other attorneys on the website show that they don't take calls from consumers...

    I'm really lost on this and kicking myself that I didn't get proactive with it sooner....

    Any help from the pro's would be GREATLY appreciated! I'm even willing to pay the OC to get the debt wiped, but I know I'm about 4 steps down the road from that.

    Scoob
     
  2. Flyingifr

    Flyingifr Well-Known Member

    Yep, you are $crewed. The time to fight this was soooo long ago. Too late now. Pay it and get rid of it is all I can say (and anyone who reads my posts knows how I hate saying that).
     
  3. thescoob

    thescoob Well-Known Member

    Not even with a lawyer?

    The original summons for the case was never signed for... they mailed it to an address I no longer lived at.

    Do I have no grounds whatsoever here to challenge them on?
     
  4. Flyingifr

    Flyingifr Well-Known Member

    You MIGHT be able to make a motion to vacate based on inadequate service, but you WERE served - remember, you asked for two postponements, one with the Court and one with the other side's lawyer. If you were not served how would you have known about the Cout date to ask for two postponements?

    So, what would your grounds for a Motion to Vacate be?
     
  5. lbrown59

    lbrown59 Well-Known Member

    So, what would your grounds for a Motion to Vacate be?
    Flyingifr
    --------------------------------
    No alternate court date ! ! !

    THE END ** *** ** LB 59
    """"```--~~~~~~~~~--```'""'''
    www.teletrack.com
     
  6. thescoob

    thescoob Well-Known Member

    Ok... I went to the courthouse and had them pull the file on my case and got copies.

    I can't challenge on invalid service, since NJ allows service by regular mail.

    However, the original contract with Bally's is nowhere to be found in the case file... they have a photocopy of the Terms and Conditions of their standard contract... but no actual contract with me.

    The closest they come is a signed statement from a rep at the CA trying to collect the debt for Bally's.

    I've filed an objection to the garnishment, so I have a bit more time to consider how to handle the judgement and to decide if I've got a chance to get it vacated or if I should pay the full amt.

    Thx...
     
  7. lbrown59

    lbrown59 Well-Known Member

    .1*.. they have a photocopy of the Terms and Conditions of their standard contract... but no actual contract with me.
    2*The closest they come is a signed statement from a rep at the CA trying to collect the debt for Bally's.
    thescoob
    =========
    1*Don't count.
    2*Still don't count.THE END ** *** ** LB 59
    """"```--~~~~~~~~~--```'""'''Subject: Said It Better Than I could
    The Ten Commandments display was removed Wednesday from the Alabama Supreme Court building.
    There was a good reason for the move.
    You can't post Thou Shalt Not Steal in a building full of Lawyers and
    Politicians without creating a hostile work environment.
    > --------------------------------------------------------------------------
    ---- >>
     
  8. Flyingifr

    Flyingifr Well-Known Member

    Re: Re: HELP!! Wage Execution notice rcvd

    Sorry, but that is not grounds for vacatinga judgement. Grounds for vacatinga judgement have to be procedural - the requirements of the law were not met. Inconvenience doesn't make that standard.
     
  9. dixidriftr

    dixidriftr Well-Known Member

    Re: Re: HELP!! Wage Execution notice rcvd

    Bout all you can do at this point is pay them. Like was said earlier, the time to fight was back in 2000.

    You didn't show, and you got a default.

    Consider it a lesson learned to NEVER trust an attorney that is filing suit against you and to ALWAYS read any contract that you sign.
     

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