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David Apothaker & Assoc

Posts: 10
Credits: 318.35
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How can I get a default judgment reversed? I was sent a notification that I was being sued for a old debt by Apothaker and given 20 days to respond. I called and told them I am requesting a court date that they needed to prove the debt they wanted to collect on back in July. I receive notice today that they won a default judgment. This is just crazy but true. I checked our local courthouse here in PA and sure enough there is now a judgment against me. What can be done against this lawyer? I am currently not working and am stuck wrongfully against a wall.




Kayiko
Posts: 11
Credits: 532.45

Sub: #1 First, when did you get this notification about being sued? Was
Wed, 11/18/2009 - 07:38

First, when did you get this notification about being sued? Was it before, or after the court date where they won the judgement? If you were properly served papers, then you should of known when the court date would be. It seems to me that you might not have been properly served, and thus were never givin the court date. They want that to happen. When you don't show up, that is an automatic default judgement win for them. If you were never properly served any legal paperwork by the courts, then you need to go down to the court house and file an objection to the default judgement due to improper service. However.. This is tricky because it has to be your word against their's. To be served, someone has to phisically hand you the paperwork. Or someone. They usually can not just mail it to you, but some places do, and think that is ok.

I live in NJ, And i just got done dealing with these guys and won. They did the exact same thing to me. I was never properly served either, and was able to get the judgement thrown out and had the entire case started over. But in order to give you better and correct advice, we just need a little more info. How old is this debt they are trying to collect on? Im new here, and i know other people will be around shortly to give you better advice, but do not worry.. This place is wonderful help, and i won my case against these jerks because of the info and help i recived here.

Keep your head up! You have rights too.




rewindthatdvd
Posts: 10
Credits: 318.35

Sub: #2 I received the first paperwork from the sheriff back in july.It
Wed, 11/18/2009 - 07:47

I received the first paperwork from the sheriff back in july.It stated I had 20 days to contact them.I did contact them and said I wont claim the debt that they had to prove it and requested a court date.I have not received anything else from them or the courts stating any dates.I received a letter from the lawyer/collector stating they won judgment by default.I check out local courthouse's website and they did win.I was told I have ten days to peption to open or strike.It is now past the ten days.The letter was misplaced in my house by another family member and I only read it 2 days ago.The age of the debt if it's the one I thinking it may be is about 4 years old,could be more.




rewindthatdvd
Posts: 10
Credits: 318.35

Sub: #3 update
Wed, 11/18/2009 - 08:05

Update.I just contacted the Prothonotary office and explained the situation.They said I never answered the complaint.I explained I did contact the Apothaker and they said I should have contact them (prothonotary)I can hire a lawyer or partition myself because they do not have any forms that I want the judgment opened or stricken.It will then be sent to a judge for his consideration.The original notice of being sued only read that I needed to contact them or a lawyer,never said anything about contacting the Prothonory office.Is there any chance I can win this or should I just call Apothaker and pay them 5 bucks a month?I also received a letter from Apothaker requesting information on everything I own and if I didnt supply it I would be in contempt of court.I immediately shredded that paper.




Kayiko
Posts: 11
Credits: 532.45

Sub: #4 Yes, they sent me that paper too. Do not give them that informat
Wed, 11/18/2009 - 08:43

Yes, they sent me that paper too. Do not give them that information. Mine looked extremely fake. I would say not to give up. Definaty look into how old this debt really is and what kind. It may be past the statue of limitations. Each state is different on how long those can be, so look into that. If the date of your last activity on this debt is past the SOL, everything these guys are doing, is illegal.

I want to say not to give up. If you can fight these guys, by all means, do so! Hopefully someone who knows a lot more about legal stuff will be along shortly to give you more in deph help.

Keep your head up! You have rights too.




Kayiko
Posts: 11
Credits: 532.45

Sub: #5 I felt stuck and backed into a corner as well by these people. T
Wed, 11/18/2009 - 08:49

I felt stuck and backed into a corner as well by these people. There was a time where i felt like maybe it wasn't worth it and i should just give in and pay them. You never know what actions you take can indeed work in your favor. I was able to get the judgement vacated, and the entire case to start over. Once i did i started sending them letters demanding they prove they legally can collect on the debt. After everything that happened, it turned out they couldn't even prove it, and so backed out and said things were settled. Getting nothing from me.

Someone will come along soon to help you more.. while you wait, you might want to read this.. http://www.b udhibbs.com/collectorpages/apothaker.htm Just so you know who exactly you are dealing with.

Keep your head up! You have rights too.




rewindthatdvd
Posts: 10
Credits: 318.35

Sub: #6 I have decided to petition the court to vacate the judgment.I am
Wed, 11/18/2009 - 09:18

I have decided to petition the court to vacate the judgment.I am going to use the grounds that I did not answer the suit as I was waiting for the debt validation I requested.I did not do so in writing but I did by phone.Is this the best way to handle the situation?




rewindthatdvd
Posts: 10
Credits: 318.35

Sub: #7 Bank account freeze
Wed, 11/18/2009 - 11:14

I found out a few days ago that [COLOR=black]David Apothaker & Assoc has a default judgment against me here in PA.Can they freeze my bank account?[/COLOR] [COLOR=black][/COLOR][COLOR=black][FONT=&quot][/FONT][/COLOR]




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Debt Samaritan
Posts: 185
Credits: 4888.95

Sub: #8 If they filed a judgment through your local courts, yes, they ca
Wed, 11/18/2009 - 12:19

If they filed a judgment through your local courts, yes, they can.

Let's all work together to shut down ALL illegal PDLs who prey on good people who just fell on financially hard times. Go here to fight back!




rewindthatdvd
Posts: 10
Credits: 318.35

Sub: #9 Even if it is a joint account?I am the only one listed in the su
Wed, 11/18/2009 - 12:29

Even if it is a joint account?I am the only one listed in the suit.




Unregistered

Sub: #10 If it is a spouse they can garnish the account but if it is a si
Wed, 11/18/2009 - 12:37

If it is a spouse they can garnish the account but if it is a sibling or relative they can not. You will need to talk to your bank about that in order to stop it though.




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