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My 21 Year Old Daughter Hired An Attorney For Her Custody Case The Attorney Requested That My Husband Sign My Name To A Contract
Anonymous5 views4 answers
My 21 Year Old Daughter Hired An Attorney For Her Custody Case. The Attorney Requested That My Husband Sign My Name To A Contract As Well As His In Order To Represent My Daughter. My Husband Wrote His Own Initials Above My Name Where He signed my name. I Never Signed A Contract and was not present, I did not hire her. I was issued a judgement for a 2700.00 Bill That I Did Not Owe- I Disputed It On The Phone, And Told The Office Staff That I Clearly Did Not Owe The Bill - I Never Hired The Attorney. I Was Given A Judgement, As Well As My Husband, And My Daughter To Pay The Debt. The Attorney Sent Our Mail To A Business Address Located Two Blocks From The Lawyers Office. How do i Vacate the order? I have also been garnished. How can the attorney legally ask my husband to sign for me?
WOW! What a mess. You could have and should have dealt with this "signature" issue by filing a Response to the Complaint the attorney filed. THAT would have caused there to be a trial wherein you could have explained to the judge why/how you feel you don't owe the money, and why/how your husband doesn't owe the money. Not sure what to do now, except take the judgment to a consumer law attorney for a consultation. This judgment is not big enough to consider bankruptcy. Good luck.
If you want to explore your options here, invest the time in seeking consult with local consumer law attorney.
Yes, it appears you have defense to owing this debt.
No, they cannot rightfully get judgment against you without giving you proper notice under court rules.
Whether these issues create consumer law claims against the creditor, and whether it is productive to address these issues rather than your family addressing the unpaid bill, are nuanced questions to suss out in a consultation.
Who filed the lawsuit against you? The attorney? Or a collection agency?
Tim L Eblen
The time to fight this was before there was a Judgment entered against you and you are now definitely at a disadvantage. However, all may not be lost and you might still be able to fight this and avoid having to pay the tab...but if so, you need to move quickly and much depends upon the exact timing and details. The only way for you to properly evaluate everything is to review it all with a local debt collection or consumer law attorney - give one a call now to make an appointment. Good luck.
If the judgment was obtained by default and you act swiftly you may have a valid basis to set aside the default via orcp 71 b or c, or orcp 72 f. The court is really the place to dispute the debt. Technically it appears the attorney was trying to get your spouse to sign as your agent, but while creative this would not be legally valid. And, although it shouldn't work, I was in court and watched a hearing on an objection to garnishment. Even though there was a judgment the court heard the merits of the disputed judgment and denied the garnishment. I would speak to an attorney about the details and options.
objegarnishmenSince there was a judgment
