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David Apothaker & Assoc



Sub: David Apothaker & Assoc
Mon, 24/01/2011 16:47

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.



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goldenbast
goldenbast


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Sub: #1 Tara: There is nowhere on the papers that list what court it is Mon, 01/24/2011 - 16:47



Tara: There is nowhere on the papers that list what court it is with? Court papers always tell you where to file.....I would be highly suspicious of this if there is no listing of the court and your county court has no record of any such case......how did you get served?


Unregistered

Sub: #2 I am going thru this same thing now. I tried to check the DocketMon, 01/24/2011 - 11:35



I am going thru this same thing now. I tried to check the Docket Number with the court of common plea's records and I'm not on there. I don't know what to do. it's saying I have 20 days to respond but it doesn't say who to respond to. I also have a joint account with my husband should I take my name off of it?


unclewulf
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Sub: #3 Excellent!Thu, 11/19/2009 - 19:10



Excellent!

Wulfisms: my blog

The four 'no's of dealing with collectors:
No validation? No payment. No way! No kidding!!

Tellin' you all the zomby troof
Here I'm is, the zomby woof
[Frank Zappa, 1988 - R.I.P.]


Sub: #4 Spoke with a lawyer here in PA and was informed that they can noThu, 11/19/2009 - 09:04



Spoke with a lawyer here in PA and was informed that they can not freeze my bank account because it is a joint account with my wife and she is not listed in the judgment.


unclewulf
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Sub: #5 [QUOTE=rewindthatdvd;496938]I found out a few days ago that [COLWed, 11/18/2009 - 18:55



[QUOTE=rewindthatdvd;496938]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] [/QUOTE]

Quote:
Originally Posted by Anonymous
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.


Quote:
Originally Posted by Icon
If your name is on the bank account and the attorney gets a court order, yes, even if it's a joint account they can still freeze it.



Hate to break it to ya, bud, but yes they can. If you're listed as an account owner, it's fair game.

PA has some wierd laws, but I don't think this is one of them. You would be very well advised to check with your bank. Go in person, and speak with the branch manager. Not a teller.

Wulfisms: my blog

The four 'no's of dealing with collectors:
No validation? No payment. No way! No kidding!!

Tellin' you all the zomby troof
Here I'm is, the zomby woof
[Frank Zappa, 1988 - R.I.P.]


unclewulf
unclewulf

Posts: 3111
Credits: 31368.25 Send message to unclewulf

Sub: #6 First things first. I'm going to merge this thread with your othWed, 11/18/2009 - 18:39



First things first. I'm going to merge this thread with your other one, to keep things together.

Wulfisms: my blog

The four 'no's of dealing with collectors:
No validation? No payment. No way! No kidding!!

Tellin' you all the zomby troof
Here I'm is, the zomby woof
[Frank Zappa, 1988 - R.I.P.]


unclewulf
unclewulf

Posts: 3111
Credits: 31368.25 Send message to unclewulf

Sub: #7 Quote:Originally Posted by rewindthatdvdI cant seem to find a goWed, 11/18/2009 - 18:34



Quote:
Originally Posted by rewindthatdvd
I cant seem to find a good template for a petition to open or strike and judgment.Does anyone hace access to one that will be accepted in PA?



OK, lemme wade in here...

I don't think I'd worry about finding a template. Try a letter to the judge. Keep it short, businesslike, straight to the point, and brutally honest.

Reading over this thread, I see that you were served in person by the sheriff back in July. Do you still have those papers? Somewhere on them, there should be directions for filing an answer. That would have the contact information for the court, which is where you needed to direct your answer. The judge is going to want a really good reason why you didn't answer the complaint or appear.

On having previously requested validation, put that in. It may not help, but it can't hurt. Tell him you didn't know, but don't be surprised if he snorts at it. Ever hear the old saying that 'ignorance of the law is no excuse?' This is the reason why we tell folks not to have any dealings with collectors, other than by certified mail, return receipt requested.

Give it a try. You've got nothing to lose at this point.

Wulfisms: my blog

The four 'no's of dealing with collectors:
No validation? No payment. No way! No kidding!!

Tellin' you all the zomby troof
Here I'm is, the zomby woof
[Frank Zappa, 1988 - R.I.P.]


Sub: #8 I just read from another post that if I add a 3rd party to my joWed, 11/18/2009 - 12:55



I just read from another post that if I add a 3rd party to my joint account that it can not be frozen,is this also true in PA?


Sub: #9 I cant seem to find a good template for a petition to open or stWed, 11/18/2009 - 12:44



I cant seem to find a good template for a petition to open or strike and judgment.Does anyone hace access to one that will be accepted in PA?


Sub: #10 I was never given a court date because I didnt know I had to subWed, 11/18/2009 - 12:41



I was never given a court date because I didnt know I had to submit a answer to the prothronary office.


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