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View Full Version : A credit card judgement


Cochisetown
Jul 28, 2007, 12:38 PM
A collection agency on behalf of a credit card company placed a judgement against me, however I never received any documentation about court date, time, place, etc. the only way I was made aware of this is because I received a "Notice Of Non-Suit & Dismissal document from the collection agency 6 months ago. However it's not signed by the Judge. How do I handle this and or should I get an attorney involved to handle this. Especially since it's on two credit bureaus as well.

mr.yet
Jul 28, 2007, 03:59 PM
Fule Motion to vacate the judgment, lack of proper service wit hthe court that issue the judgment. This will start the hearing again so that you can present a defense.

You must attend that hearing, or default judgment will stand. They must prove the alleged debt is valid and the only way to do that is produce he original contract you signed. No contract, no claim.

If the judge ask if it is yours, simple state" I have no recall of this alleged debt, can the plaintiff produce the original contract is refresh my memory.

Now also very inportant, the plaintiff must be in the court rooom, no plaintiff, no case, attorney cannot testify for their client not in brief or orally, hearsay, move the court to dismiss the suit.

ScottGem
Jul 28, 2007, 04:07 PM
How do you know a judgement was actually entered? Unless you have the name of a court with a date that a judgement was entered, you may not have one. If the notice you received lists a court, then contact that court to see if a judgement was entered. Then file the Motion to Vacate that Yet recommended.