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Judgment entered without notice

Discussion in 'Civil Court, Procedure & Litigation' started by Munchieman, Mar 7, 2009.

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  1. Munchieman

    Munchieman Law Topic Starter New Member

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    My jurisdiction is: Nevada

    My question revolves around a collection lawsuit.

    Is a plaintiff required to give notice to the opposing party if they set a court date after an appearance has been made?

    I was sued, and I filed an answer and counterclaim. We had 2 hearings, and completed the discovery process. At the second hearing, the plaintiff requested a summary judgment, and I claimed a dismissal on their claim, and summary judgment on my claim. The judge asked us to settle the case outside the court, and reset the hearing for 30 days. When the 30 days were up, both parties requested the hearing be reset; we were still negotiating the settlement. During the negotiations, the plaintiff included a Confession of Judgment as part of the settlement. I refused, and claimed I would not agree to the Confession of Judgment. The plaintiff never responded to our request that the Confession be removed from the final settlement.
    The next time I heard back regarding the case was in the form of a garnishment on my wives paycheck. When we received the garnishment notice from her employer, it had an address on it that we haven't used since early 2003.
    As of today, I'm not sure if they attempted to give notice of the court date they reset to get the judgment or not.

    Extra Information:
    Their collection claim stems from a doctors bill. The doctor how set my bill to collections wasn't my doctor. I met him as they were preparing my wife for C-Section. He was backing up my doctor.
    This doctor never sent me a bill, nor was he supposed to. We were having the baby using a state funded program that sets the fees for our doctor.

    The collection company that the set the collection to never sent me a notice of collection. They actually put the 30 day validation notice into the lawsuit. I found out that this doctor was billing me when the collection agency called me to ask if I planned on defending myself in the lawsuit. When he was calling me, it was day 19 of 20 that I had to respond to the lawsuit. The agent CLAIMED that my wife was served 19 days before, and my home address, at 6:30 pm. The problem is my wife was at a seminar with over 100 other people at that exact time. They fabricated the service in an attempt to pressure me.

    My counterclaim was based on the fact that they had violated the FDCPA by fabricating the process service date. I also rejected claim of money owed by the doctor, because I had not asked him to be there, and was under contract with MY doctor to perform the birth, which she did.

    My Solution:
    I want to file a motion to set aside the judgment, c&d the garnishment, and demand a refund of money that has been garnished already.

    The attorney that is doing all of this is a true crook. I have previously dealt with him on a case where he forged a person’s signature on a confession of judgment. That case was easy to fix because he did not know that the person whose signature he forged had been married, and changed their name.
    On the garnishment, they have also violated the rule that requires them to calculate all money collected on a garnishment before renewing the garnishment. In Nevada, the Writ of Garnishment expires after 120 days, and they refilled a new one 23 days early. This effectively forced my wives employer to over pay the garnishment.
    I hope I haven't gone overboard with information on this case.

    Thanks for any help someone could provide.

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