Author Topic: Sewer Service - Default Judgment  (Read 517 times)

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CleaningUp

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Re: Sewer Service - Default Judgment
« Reply #15 on: October 19, 2017 02:32:30 AM »

The debtor can't carry on a non-stressful conversation without stuttering.  They are well and truly disabled with a major brain injury.  The only thing they have going for them is a bit of stubbornness and unlimited amounts of time.  Putting together pleadings and filings they can do.  Arguing a case in real time?  Depends on how accommodating the Judge is.  That could go either way, most of the Judges up there I think would be accommodating, it's not a culture that's going to appreciate an out of town creditor beating up on a local disabled person, but there's always that one Judge.....



The will be accommodating, but they won't change the law on representation.  If you think the lawyers in the area are of the Mayberry variety, it's pretty much a given that the judges will also have distinct Mayberry tendencies.

The longer you lead your friend down a path that doesn't include some sort of hired mouthpiece, the more difficult it will be for them because they WON'T BE PREPARED FOR WHAT THE NEED TO GET DONE.

And if she is claiming a "mental defect", the onus will be on her to establish it more than just stuttering her way through the first few sentences.

If this is REALLY a friend of yours, you need to get her representation.  Lawyers in the bigger cities DO travel to the outlying courts far more often than you think.  Why don't the two of you go sit in on a session or two at the local court and "audition" civil defense attorneys based on their performance in court.  If you like what you see in someone, you can approach them right there in the courthouse.

Don't sell your friend down the river on issues that the court is unlikely to buy.

At the very least, check out what NY State requires for power of attorney so you can speak for her. 

delandra

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Re: Sewer Service - Default Judgment
« Reply #16 on: October 19, 2017 03:15:02 PM »
Cleaning, you're sounding like a broken record at this point.  Just stop already.  1215

In the ideal world, we would have a "hired mouthpiece."  This isn't the ideal world.  They have no money.  There are no "hired mouthpieces" worth the money that they don't have.

Now you tell me to go sit in court and watch some civil attorneys, but apparently you didn't read the part about me being on the other side of the continent.

The best thing I can do, with regards to a "hired mouthpiece," is reach out to a local one that I trust implicitly and ask him for a referral (he doesn't do consumer law) to someone he trusts.  I have already done this and am waiting to hear back, but I am not particularly hopeful that he will recommend someone who is willing to work for nothing.  If I was local I would work with the debtor to try and secure a violation or two, once the judgment is vacated, to get them some leverage/money for an attorney to go after on contingency, but I'm not local, and putting the debtor on the phone with them on their own is a terrible idea.

If anyone has any tips on protecting personal injury proceeds from garnishment (my read is that they're typically exempt, but I have no first hand experience, and Google is not a law degree) I would be interested in hearing that.  I believe the law firm handling their PI case will structure their settlement in the most favorable way possible, they were already structuring the settlement to shield as much as possible from public assistance clawbacks, and I've made sure they know about this matter.  As I've said already, this is primarily information gathering, I think the situation is already well in hand, but I am seeking to learn new things here, not be lectured about the pitfalls of not having a lawyer, pitfalls I'm already well aware of.

Bottom line: If we can keep the debtor judgment proof then there's no need to do anything with this suit, or the next one, or the one after that.  Let them waste their time and money collecting worthless pieces of paper.  The debtor may contest them, if there's an easy (SOL) defense, or they may not, it truly won't matter at that point.

CleaningUp

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Re: Sewer Service - Default Judgment
« Reply #17 on: October 19, 2017 04:18:39 PM »
There are but two things to read...FlyingIFR piece elsewhere on the board about making oneself "judgment proof".  And NY States list of items that are exempt from judgment.

A quick Bing Search (I no longer use Google after they fired that guy for speaking out) I found this regarding NY and its exemptions that collectors are required to respect:  http://www.neweconomynyc.org/what-is-exempt-from-debt-collection-2/

11181986

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Re: Sewer Service - Default Judgment
« Reply #18 on: October 19, 2017 05:56:44 PM »
so you have a couple of issues (1) there is really no way judgment debtor is going to do this pro se (as vacating a judgment will require at least one court appearance, probably more) (2) in light of that fact, she would need an attorney (3) however, judgment debtor is unable to afford an attorney + there is a lack of trust of competent attorneys.

Based upon the above, she should visit with legal services where judgment debtor lives (or where court case was pending if those locations are different).  Long Island has a legal services organization, as does each borough in the city of New York, as does the mid-hudson valley region.  If judgment debtor does not live in those areas, I'm less familiar with how legal services organizations are run.  Here, you will get good quality representation, however, due to workload it might not always be the most responsive representation.

Flyingifr

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Re: Sewer Service - Default Judgment
« Reply #19 on: October 19, 2017 07:42:13 PM »
Delandra - can you at least say which COUNTY in NY? I used to live in NY and I know a couple of attorneys there.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

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