Q: I missed a pretrial conference and had a judgment entered against me in small claims court. This is for assumed cc debt
I have a few questions about this:
I received the final judgment paperwork, but it is blank, it is not dated nor is it signed by a judge. Is this common, legal, binding?
Additionally, I do not recall this debt. In the summons, I only received a couple of statements with due balances and late fees. Wouldn't the plaintiff need to provide statements showing transactions, especially if I do not recall this debt? Can I request that?
Finally, due to that final judgment, my wages are now garnished. I filed an exemption (I make under $750/wk) yesterday. Will those garnished wages be released back to me immediately or will I have to wait until the hearing and hope the judge accepts the exemption to get those wages returned?
The judgment is probably conformed. In 22 years of practice, I have never seen a judgment not signed or dated.
Once you default, all the " I don't remember the debt" stuff goes out the window.
You will have a hearing on your claim of exemption. You must prove the exemption. If you prevail, the court will dismiss the garnishment and the garnished wages will be paid to you pursuant to your employer's policies.
Terrence H Thorgaard agrees with this answer
I'm guessing that the form of judgment is what the plaintiff's attorney sent to the judge to be signed. For some reason you didn't get a copy of the signed and entered judgment.
You were defaulted, so the plaintiff didn't need to prove its case as it would have need to do at trial.
You need to attend the exemption hearing and testify as to prove you are exempt.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.