can someone tell me what an open judgement is?

Question

a certain computer company has an open judgement on us and saying that we owe 8,ooo from the year 1999.we paid 1,400 on it.we quit cause the cost kept going up.they now say we owe this 8,ooo dollarts and that can take our car from us which isnt paid for.can someone help us please?is this legal?

Answer 1

THIS IN CAPS JUST SO YOU SEE IT DOWN THE LIST.
An open jusgment menas there is a lawsuit, and the defendant (you, here) has not responded, so the courts automatically judge for the plaintiff, and you have to pay. It is open because the courts have not sent the sheriff yet to come force payment.
I worked for doctors sueing insurance companies, and had some problems after an illness and lay-off, so I've seen this from two angles.
YES, they can take your property, wages, etc.
You need to get the State, the court name and address, and the Index Number.
Check with the court that this is for real first, although I can't imagine a big company trying to lie about this.
Get your papers together.
Figure out how you quit, to whom you spoke, anything at all that can prove that you quit, because if you can't, honey, they are going to take that judgment, that the court already decided you have to pay, and they will EXECUTE it.
What that means, is that, no joke, the sheriff will come and take something of your property.
When my bosses did this on lawsuits that the insurance companies ignored,
the sheriff would come TAKE THEIR COMPUTERS AWAY.
I kid you not.
SO, get this info of yours.
Settle it if you can, pay if you can't.
You must have ignored this lawsuit, if it went into judgment.
The only way to go into judgment without your understanding what it is, is for you to decide not to show up to court.
NOW, if you were never served papers, tell that to the court. You may need a lawyer for this.
Tell them that the attorney has to prove proper SERVICE on you, because if they do not have your signature that you received it, or proof that they mailed it to you and you personally signed for it (you or the other person involved), then they are up a creek.
They WILL sue you again, though.
There is no problem for them to stop this lawsuit, and start a new one.
Good luck.

Answer 2

No, I would wait until they legally did something, and then turn around and sue them.

The law has a limit of what kind of interest they can charge, and there is a statute of limitations that applies.

Just don't respond, don't send them any money. See what they do.....sounds like a scam to me from a collection agency that buys old debts that are not legally collectable...they are full of threats and don't do anything.

Answer 3

If they actually have a judgment against you, they can attach your assets. But it's not likely they would go after your car. They would attach your bank accounts or garnish your wages first.

However, in order to get a judgment, they had to take you to court. Were you ever served a summons? If you failed to appear in court, you could very well have a judgment against you. You should verify that they actually do have a judgment.

Answer 4

no, it is not legal....Colletion companies resolve to tactics like that to collect on debt...First of all protect yourself by settle the debt through one of those Credit counsiling company that will consolidate all your bill in one...As long as you have a payment arragement..You will be ok . No one but the bank in which you are paying your car to..can take it away from you

Answer 5

Check with a lawyer, it depends on your state, but I think only the car people can take your car. Normally with judgements they garnish your wages or put a lien on your home.