I recently was served papers about a movement for me to be held in contempt of court for a supplemental hearing.
Apparently this is regarding a judgment in 2009 that I had no idea was even held against me... I looked through the courthouse's website and if I was served or given anything regarding this judgment, it was to the wrong person. Everything was sent to the wrong address, and that was nowhere near my home.
Apparently my wages at the last job I held were being garnished, but this was hardly noticeable as I wasn't receiving a steady paycheck at the time - and the ones I did receive weren't exactly substantial.
Exactly what should I bring to the courthouse with me? I don't think it's fair to be held in contempt for a judgment I didn't even know I had. Can I fight this?
Of course you can fight this but you'll want to be prepared and my general rule is to obtain counsel as early as possible, if you can afford counsel.
Contact a local attorney ASAP and discuss this. Way more facts are needed to better answer this question.
More facts may be helpful. Getting a lawyer is essential, especially if the judgment is for more than a few hundred dollars. If the debt is not yours, you need to inquire about opening up the original judgment. If the debt is yours, you may be able to open the judgment for lack of jurisdiction over you- since YOU were never served. Bring proof of address for the last 5 years ( for example: driver's license issued prior to 2009 with your accurate address on it, payroll records with your address on it, a lease or mortgage document proving where you have been living) to show the court that you did not live at the address where the case was served. There is usually a fee for filing a motion to open judgment (at least in my state there is), and your lawyer will also want a fee for helping you. It will be worth it-- if it's not your debt, then you won't have to pay the money, and the judgment should come off your credit. If it is your debt, however, an easy way to deal with this is to contact the lawyer for the creditor and just try to get on a voluntary payment plan that does not include having money come out of your paycheck. Consumer lawyers in your state can be found at www.naca.net. Good luck.
Contempt of court is serious business since you can actually be jailed for it if you do not play your cards right, very unlike most other stages of a routine collection lawsuiit. For this reason, you really need to be represented by an experienced attorney at this hearing. Any lawyer with whom you speak will probably tell you to consider bankruptcy, since contempt actions of this sort are usually adjunct to a collection case, and all collection cases are frozen once the bankruptcy is filed. However, there are plenty of other options available for you to potentially escape jail is bankruptcy is not right for you. This means that, with proper notice of filing bankruptcy, you may not even need to appear. My comments here are not legal advice, nor do they create an attorney client relationship between us. However, you always more than welcome to contact my office in Racine to discuss any additional questions which you may have or to set up a free consultation.
