Johnson Riddle & Mark, LLC. Filed a lawsuit against me in small claims court and won a judgment of 2500. by default Draper Utah
The law firm of Johnson Riddle & Mark, LLC. filed a lawsuit and won a judgment by default against me in small claims court over an unpaid cell-phone bill. I had been telling Palisades Collections for 5 years that it was a stolen cell-phone. They finally handed it over to Riddle and associates, hoping I would be frightened into finally paying. After the judgment against me and the succeeding letters of demand for payment, I finally emailed Riddle and associates and informed them that I had FAXed yet another copy of the original police report to Palisades Collections and that I expected that to be an end to the matter. So far, this strategy has worked because I have yet to hear anything back from them. If they push further with any attempt to collect on the judgment I will file for an injunction and take them to court.
Edward
McMinnville, Oregon
U.S.A.
4 Updates & Rebuttals
Tweebs
Taylorsville,Utah,
USA
This is what to do
#5Consumer Suggestion
Wed, November 04, 2009
Contact the Utah State Attorney General's office (801-366-0260), the Office of Professional Conduct with the Utah State Bar Association (801-531-9110) and the FTC (1-877-382-4357). File a complaint against them with each of the listed above. The OPC will require you to fill out a complaint form and send it in. They can send it to you, or you can download it at: http://www.utahbar.org/public/consumer_assistance_program.html
The Attorney General's office will require you to submit a complaint in writing or typed with signature to them about what happened.
I suggest doing all three to get these...rats taken down. I have already filed a complaint with the FTC, I'm now submitting complaints to the other two listed above. Good luck. Oh yeah, if you go to the BBB of Utah's website, they gave Johnson Riddle & Mark an "F". LOL!
Tim
Grand Haven,Michigan,
U.S.A.
You need to get the judgment set aside
#5Consumer Comment
Fri, October 09, 2009
What follows is personal advice, not legal advice. Do not take this as competent legal advice. Your best option is to consult with a local attorney.
Once you have a judgment against you for a given debt, the debt is yours, whether or not you have a valid defense. A judgment effectively validates your liability on the debt and erases any claims you may have that the debt is not yours. Ergo, seeking an injunction against collections on the judgment will do you no good.
What you need to do now, if you want to assert a defense to your liability on the debt, is to get the judgment set aside.
Every state has procedures whereby a default judgment can be set aside. Usually this is done by a motion rooted in a particular court rule. BEWARE: there are strict time limits! Usually, such a motion must be filed within one year of the entry of judgment.
You will likely have to show good cause for why you failed to answer the complaint and/or appear for your hearing. Additionally, you will probably have to file an "affidavit of meritorious defense," meaning you have to show that you have a defense to the claim (in your case, the phone was stolen and someone else ran up the bill).
This is a very complicated legal maneuver. If you want to do it yourself, you will need to research your state's court rules regarding the setting aside of default judgments and be d**n sure that you follow the procedure to the letter. Don't rely on what you may find on the internet. You need to visit an actual law library and research a practice guide.
I would NOT reccommend attempting this without the assistance of an attorney.
As regards the ethical ramifications of the firm receiving the judgment in the first place, yes you do seem to have an issue. Attorneys are under an ethical obligation to obstain from filing claims where there is a viable question as to the validity of the circumstances. And the attorney does have a duty to ensure that he is not violating this rule by filing a lawsuit.
But that's a secondary matter, because it's not going to get you anywhere as long as there is a valid judgment in place. Your primary concern at this point is to get the judgment set aside.
If you succeed in getting the judgment set aside, the proceedings will likely start anew. If you get to this point, DO NOT default again! ANSWER the complaint, SHOW UP for your court dates.
Then, if you prevail on the second go-around, you can start thinking about FTC complaints, bar complaints, and what not.
Best of luck!
Tom
Salt Lake City,Utah,
USA
Johnson Riddle & Mark LLC other name for same law firm in Utah
#5Consumer Comment
Mon, October 05, 2009
Did you file a complaint with the FTC.gov. I did. Be sure to go to the federal goverment consumer website to learn more about your rights when bill collectors, debt collectors, or attorneys that collect debts contact you. There are at least five complaints in 2009 against this firm. Be sure to use the search engine on here correctly. Contact your State Attorney general and file a complaint there also.
Tom
Salt Lake City,Utah,
USA
Johnson Riddle & Mark LLC other name for same law firm in Utah
#5Consumer Comment
Mon, October 05, 2009
Did you file a complaint with the FTC.gov. I did. Be sure to go to the federal goverment consumer website to learn more about your rights when bill collectors, debt collectors, or attorneys that collect debts contact you. There are at least five complaints in 2009 against this firm. Be sure to use the search engine on here correctly. Contact your State Attorney general and file a complaint there also.