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Judgement from Wells Fargo in Missouri

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  • Judgement from Wells Fargo in Missouri

    I defaulted on a credit card from Wells Fargo. I was served paperwork from their lawyer. After talking with them I set up payment arrangements and they have been debiting my checking account for the monthly amount we settled on. I do have the paperwork I signed.

    Then out of the blue I was served paperwork again from them saying I had to appear in court. I called the law offices and explained that we had set up payments and why was I served again. They said that I didnt need to appear in court because all they were going to do is place the judgement against me and file the paperwork I signed to set up payments and as long as I keep up to date with the payments I have nothing to worry about. I called back a second time and was told the same thing.

    Does this sound right that I dont have to show up in court as long as I have already made payment arrangements with them?

  • #2
    Re: Judgement from Wells Fargo in Missouri

    I wish to inform you that you must appear in court. In this regard you can inform court that a payment plan has been set up with Wells Fargo and there being no default by you thus legal action is unwarranted and no relief should be granted to them. A placement of judgment against you is unwarranted because you have not defaulted. You can file your reply to complaint filed in court and inform about all the details.

    AFF

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    • #3
      Re: Judgement from Wells Fargo in Missouri

      Originally posted by justkate2 View Post
      I defaulted on a credit card from Wells Fargo. I was served paperwork from their lawyer. After talking with them I set up payment arrangements and they have been debiting my checking account for the monthly amount we settled on. I do have the paperwork I signed.

      Then out of the blue I was served paperwork again from them saying I had to appear in court. I called the law offices and explained that we had set up payments and why was I served again. They said that I didnt need to appear in court because all they were going to do is place the judgement against me and file the paperwork I signed to set up payments and as long as I keep up to date with the payments I have nothing to worry about. I called back a second time and was told the same thing.

      Does this sound right that I dont have to show up in court as long as I have already made payment arrangements with them?
      What doesn't sound right is that with a current payment arrangement in place, why they would even NEED to take you to court and obtain a judgment. Sure, it's their right to do so, but by taking it to court, that creates additional expenses that are unnecessary at this point in the process. That should only become necessary if you AREN'T paying.

      I would not believe something that the other party's attorney tells you. They do NOT have your best interests at heart. You'd be letting them run the show - and if you don't show up, then whatever they ask for could be granted by the court. They could claim you owe more than you do, or make other claims against you - and you'd have no opportunity to challenge them.

      Make it a point to show up in court for this. Better yet, hire an attorney who can be there FOR you, because you have no idea what the WF attorneys are going to come up with.
      "If it ain't in writing, it never happened."
      "A lack of planning on your part does not constitute an emergency on my part."
      "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

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      • #4
        Re: Judgement from Wells Fargo in Missouri

        Originally posted by justkate2 View Post
        I defaulted on a credit card from Wells Fargo. I was served paperwork from their lawyer. After talking with them I set up payment arrangements and they have been debiting my checking account for the monthly amount we settled on. I do have the paperwork I signed.

        Then out of the blue I was served paperwork again from them saying I had to appear in court. I called the law offices and explained that we had set up payments and why was I served again. They said that I didnt need to appear in court because all they were going to do is place the judgement against me and file the paperwork I signed to set up payments and as long as I keep up to date with the payments I have nothing to worry about. I called back a second time and was told the same thing.

        Does this sound right that I dont have to show up in court as long as I have already made payment arrangements with them?
        Was this "paperwork" a summons and complaint? You need a lawyer to interpret what you received from the court and the payment arrangements you made with Wells Fargo. You could end up with a judgment against you and your bank account and employer garnished if you don't.

        Do not delay. If you do not have an attorney, check the homepage of this site for an attorney in your city for advice.

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