What can I do?
2007-03-09 03:27:19 · 4 answers · asked by southswell2002 3 in Politics & Government ➔ Law & Ethics
There is a court judgment. How would I go about getting it set aside?
2007-03-09 03:32:18 · update #1
the plaintif is "worldwide asset purchasing" who supposedly bought a "charge-off" from nextcard. The judgement was made in 05' but nextcard went bankrupt in 02'
2007-03-09 03:34:41 · update #2
Were you aware of this prior to the garnishment?
If so - did you advise the collection agency that the debt is not yours?
Sounds like you need a lawyer.
2007-03-09 04:16:45 · answer #1 · answered by MikeGolf 7 · 0⤊ 0⤋
You need to do now what you should have done when you were first served with the lawsuit: you need to retain an attorney.
There may not be much that can be done if the judgment has been rendered and is now final. In *most* states, a default judgment can only be set aside if there is a good cause shown and it is shown that you have a meritorious defense. Usually, this means BOTH to be true... you may have a meritorious defense (if the card was not yours), but if you ignored the matter while it was going to judgment, then you may have very little recourse.
You need to consult an attorney licensed in your state. For a referral, contact your local or state bar association.
2007-03-09 12:24:35 · answer #2 · answered by Phil R 5 · 0⤊ 0⤋
The issuer of the card must have a court judgment against you before you can be garnished. If there is no judgment then the garnishment is illegal. If there is a judgment you need to try to get it set aside ASAP.
2007-03-09 11:30:39 · answer #3 · answered by Anonymous · 3⤊ 0⤋
What was the basis for the judgment against you? Was the bank able to prove that you had opened the account? How did they prove it?
The new right-wing banking laws are going to make it very difficult for you to avoid paying the amount due plus very sever penalties.
2007-03-09 11:35:14 · answer #4 · answered by fredrick z 5 · 2⤊ 0⤋