A collection agency has a judgment against me. What to do? Is there a way to appeal the judgment and reopen the case, so that I have a chance to fight the case? Once judgment is issued, is it too late? Is the only option to pay on their terms? Please help.
2007-05-02 04:49:42 · 3 answers · asked by Eddie J 1 in Business & Finance ➔ Credit
If you were served and failed to answer the summons, there isn't much you can do about the judgment. You would only be spinning your wheels and increasing the amount you owe since you previously had the chance to fight it and didn't.
If you were not served, you might check with an attorney about possibly having it vacated for improper service. (of course that would depend on factors that you had not mentioned in your question)
If they are garnishing your pay and it is a hardship on you, you might be able to file for the court to grant you a hardship on the garnishment that would either reduce the payments or hold them off until your situation improves.
A hardship does not include being able to pay for the, so called, luxuries of life - cable tv, cell phone, expensive car, etc. It means that even before the garnishment you were just managing to pay for the necessities of life - rent/mortgage, utilities, putting food on the table, etc. And after the garnishment you can no longer pay your rent/mortgage, utilities, put food on the table, etc.
You would have to "prove" the hardship to be able to claim it.
Again, if anything I mentioned fits your situation, you should speak with an attorney about it.
If you cannot afford one, check with Legal Aid.
2007-05-02 09:08:01 · answer #1 · answered by echo 7 · 0⤊ 0⤋
Pay it or go back to the court who issued it and ask to appeal it are all you have. Been doing land title examination for a decade and never seen one overturned in 34 states; there isn't much ground to overturn on. You can always try and settle with the creditor directly; they can release the judgement with whatever payment up to the amount ordered they choose.
2007-05-02 11:52:51 · answer #2 · answered by wizjp 7 · 0⤊ 0⤋
Have you tried contacting them, once it goes to judgement there is not a lot that you can do, usually this means that you just didn't do anything about it, or if they didn't have the right address and got no response from you than this is what they do, Please visit my blog about credit to find out more information that you might be able to use to help you figure this out. Best of Luck
2007-05-02 11:54:00 · answer #3 · answered by Randysgirl 2 · 0⤊ 0⤋