To make this brief, Facts: â?¢On March 15, 2002 a default judgment (I wasnâ??t served properly) from Chase was entered against me in the amount of $2,920.10. â?¢August 21, 2002 I received a letter of settlement from Chase attorney that offered to pay $1,245.00 as settlement in full. â?¢September 10, 2002 I paid the amount of $1,245.00 by cashierâ??s check to Chase. â?¢November 1, 2002 Another Entry of Default was entered against me ( I never knew about) in the amount of $1,495.10 (remaining amount of my previous balance plus the court costs and interest). â?¢May 8, 2003 I received a Notice of Levy on the amount of $1,502.10. When I checked my bank account $1,502.10 was taken out. I have everything in writing, including letter of settlement signed by the attorney. How should I proceed from here and on? I would really appriciate help on this matter.
Chase did this very same thing to my dad. We were too dumb at the time to challenge it. We didn't even get served, and by the time we found out about the funds missing from his checking account, it was "too late" to file a motion to vacate judgement. Even if we won that, getting the money back from Chase would have been a royal pain. Don't know if Chase has changed tactics lately since its merger, this was before the merger about 6-years ago.
Why are you only getting around to this 2 years later? You are in a much stronger position to challenge any default judgement, as well as raising the issue of an apparent breach of contract, immediately after the action happens. If you let them, they will walk all over you, if not deliberately, then by reflex.
