My mother was sued for a credit card bill she owed. Judgment was granted against her because she did not show due to her not having knowledge of such a court date. The paperwork was mailed to a very very old address and she was totally unaware of it. This was a credit card that she acquired some time in 1999 so she was under the impression that somehow the debt had been swept under the rug. Her bank account was frozen. She found out about the judgment when she tried to deposit some money and was told that she could do nothing on the account until the matter was taken care of. I went with her to court, got an order to show cause for lack of notice and improper notice. A court date was given to her.

I'm just wondering because I am completely clueless on these matters. If she claims responsibility for the account, do they still keep the money that was in the bank? Is it up to the judge or the attorney for the defendant because he is a big a-hole! Pardon the expression. There is over $800 in the account. She has not been able to pay her rent or anything else at this point. PLEASE HELP!! I just want to get an idea on how to approach the situation. THanks in advance.

Hello she:

If your mother owes the debt, there's nothing you can bring. She'll lose and she'll owe even more with court costs and added legal fees.

Winning the lawsuit ISN'T what you should be thinking about. Settling the claim for less than they're going to win should be your objective. Bringing them back to court puts you in a good position to negotiate a settlement before your court date.

She'll need cash. They're not going to accept a payment plan. But, she should be able to settle for, I don't know, $.50 on the dollar.

excon

File Motion to vacate the jdugment do to improper and lack of service. This if she can prove she was never served notice the court will vacted the judgment.

But the Debt Collector can refile for a judgment.