Tim
Valparaiso,#2Consumer Suggestion
Sat, May 24, 2008
When you finished the call wherein you made payment arrangements, I am sure that you were at least left with the impression that you did not need to show up for the court date, correct? However, did you ever receive a written payment agreement (which would have needed to be in the form of a settlement agreement) stating that you would confess to judgment, or allow a consent judgment, if you failed to abide by the terms of the payment plan, and that, so long as you made the initial payments, you would get to skip the court date? Absent such a witten agreement, you still had to show up for court, although it would be mighty shady for W&A to lead you to believe that you didn't have to show when, in fact, you did. So what they likely did was set you up for a default judgment in the event that you failed to adhere to the payment arrangement. They lead you to believe that you did not need to respond to the lawsuit or appear in court and, when you did not, they became entitled to a default judgment under the court rules. Once you stopped making payments, they filed the default judgment and used checking account information, which they probably had from previous payments, to garnish your bank account. I don't know how the law works in Pennsylvania, but most states have a court rule that allows for a judgment or order to be set aside under a few specific circumstances or where "justice so requires." It seems to me that, as they expressly or impliedly led you to believe that you did not have to show up for court, you would at least fall into the "justice so requires" category. I would look up your state's court rules and see if such a rule exists. If it does, either get a lawyer (your best option) or file a motion to set aside the default judgment, along with a petition for a preliminary injunction requiring them to return the money to your checking account and void all existing garnishment/property seizure orders. This is a complicated procedure and, if you decide to do it on your own, you will have to become intimately familiar with your court rules, especially those regarding the timing of motions, how they must be served, and any other formal requirements. Best regards!
Tim
Valparaiso,#3Consumer Suggestion
Sat, May 24, 2008
When you finished the call wherein you made payment arrangements, I am sure that you were at least left with the impression that you did not need to show up for the court date, correct? However, did you ever receive a written payment agreement (which would have needed to be in the form of a settlement agreement) stating that you would confess to judgment, or allow a consent judgment, if you failed to abide by the terms of the payment plan, and that, so long as you made the initial payments, you would get to skip the court date? Absent such a witten agreement, you still had to show up for court, although it would be mighty shady for W&A to lead you to believe that you didn't have to show when, in fact, you did. So what they likely did was set you up for a default judgment in the event that you failed to adhere to the payment arrangement. They lead you to believe that you did not need to respond to the lawsuit or appear in court and, when you did not, they became entitled to a default judgment under the court rules. Once you stopped making payments, they filed the default judgment and used checking account information, which they probably had from previous payments, to garnish your bank account. I don't know how the law works in Pennsylvania, but most states have a court rule that allows for a judgment or order to be set aside under a few specific circumstances or where "justice so requires." It seems to me that, as they expressly or impliedly led you to believe that you did not have to show up for court, you would at least fall into the "justice so requires" category. I would look up your state's court rules and see if such a rule exists. If it does, either get a lawyer (your best option) or file a motion to set aside the default judgment, along with a petition for a preliminary injunction requiring them to return the money to your checking account and void all existing garnishment/property seizure orders. This is a complicated procedure and, if you decide to do it on your own, you will have to become intimately familiar with your court rules, especially those regarding the timing of motions, how they must be served, and any other formal requirements. Best regards!
Tim
Valparaiso,#4Consumer Suggestion
Sat, May 24, 2008
When you finished the call wherein you made payment arrangements, I am sure that you were at least left with the impression that you did not need to show up for the court date, correct? However, did you ever receive a written payment agreement (which would have needed to be in the form of a settlement agreement) stating that you would confess to judgment, or allow a consent judgment, if you failed to abide by the terms of the payment plan, and that, so long as you made the initial payments, you would get to skip the court date? Absent such a witten agreement, you still had to show up for court, although it would be mighty shady for W&A to lead you to believe that you didn't have to show when, in fact, you did. So what they likely did was set you up for a default judgment in the event that you failed to adhere to the payment arrangement. They lead you to believe that you did not need to respond to the lawsuit or appear in court and, when you did not, they became entitled to a default judgment under the court rules. Once you stopped making payments, they filed the default judgment and used checking account information, which they probably had from previous payments, to garnish your bank account. I don't know how the law works in Pennsylvania, but most states have a court rule that allows for a judgment or order to be set aside under a few specific circumstances or where "justice so requires." It seems to me that, as they expressly or impliedly led you to believe that you did not have to show up for court, you would at least fall into the "justice so requires" category. I would look up your state's court rules and see if such a rule exists. If it does, either get a lawyer (your best option) or file a motion to set aside the default judgment, along with a petition for a preliminary injunction requiring them to return the money to your checking account and void all existing garnishment/property seizure orders. This is a complicated procedure and, if you decide to do it on your own, you will have to become intimately familiar with your court rules, especially those regarding the timing of motions, how they must be served, and any other formal requirements. Best regards!