Question... Again.

[Disabled Vet]

Question if I may.

Person was being sued for credit card debt. Person was sued in Superior court and court found default judgement because person never showed.

Person then receives summons by sheriff dept to appear for garnishment hearing. Now comes the question by person, when was the judgement even hear? Reason: they didn't get the summons nor did they know about 1st hearing.

So the day comes for the garnishment hearing. Person arrives at court house, there is a sign directing people to room. Inside this room is a clerk when everyone checks in. Person checks in. Hearing was set at 10am. at 10:10 the creditor (Plaintiff) walks in, picks up person folder from table. Calls the person over, person had presented documents showing their only income was Social Security. Creditor (plaintiff) then states that they would just close the file in their office.

Now.... There wasn't a court hearing on the garnishment nor was there a court order stating that person income was SS and was not garnishable. Just the meeting between person and plaintiff. my question is How does a court allow a creditor (plaintiff) to control a hearing? Shouldn't have all the papers gone before the judge to make the ruling?

Thanks
Michael

 

[Betty3]

It's not unusual for a case to be "settled" before the court hearing by the judge. The debtor might ask the creditor if they could have something in writing that the case is closed.

 

[army judge]

The court doesn't allow the creditor ar anyone but the court to control the court and its hearings.

If you believe the court in question is committing crimes or being duplicitous, report the court's activities to tthe agency that controls that court to the state agency governing it, usually a supreme coiurt.

Or, take your question to the press.

The press loves these kinds of stories.

Or, discuss it with your state elected officials.

I assure you, no one on this forum can assist with rooting out official corruption.

 

[Betty3]

One of my friends who I worked with has a daughter who works at a court house. She said quite a few cases between debtor/creditor are settled at the court house before being heard by the judge. She said the judges don't care - one less case for them to hear & generally the creditor will let someone at the court house know the case has been settled (example court clerk).

 

[Disabled Vet]

I understand that meetings prior to a hearing is great. It does allow for courts to free up time. I would that thought that once the two partys reach an agreement it would be presented before the court. Then the judge would rule on that agreement. In this case something a long the lines of.... Judge: Ok, before me today is... ??... Def has provided the court and Planiff with docements that show only source of income is SS. Court finds that SS is not garnishable, Plaintiff agrees to these findings. Then close the case thru the court. The plaintiff just was going to close the file on their end. So what happens to the file at the court house? Do a judge just close it without the hearing? Def.. Asked the plaintiff if the case was going to close thru the court. Plaintiff just stated they would close it in their office. Now.... what stops the plaintiff from selling the debt to another collection agency? Or.... present later on down the line another garnishment process? The other thing that puzzles me is Service to Def... How can they say service to appear is done if the server just puts court notice on door? How do they fully know Def was served. I checked that one out online.... Indiana does state someone is served if server leaves summons on door of def. address.

Thank you for your replies.

 

[army judge]

Social security is untouchable for private debts.

What if the sky falls?

If another suit is brought, you'll get the same result.

Yes, it's all just a big scam.

Nothing new here, nothing to see.

So called elected government is far more intrusive than kings ever were.

Everyone is a scammer, including the government.


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