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janae1
Jun 25, 2010, 03:28 PM
A creditor has sued me and now has levied my bank account. I have filed a motion to vacate, howvere I understand that there are about 4 or 5 questions to ask to creditor during court that they will not likely be able to answer and thererfore causing the judgment to be vacated. This information comes to me from a credit consulting company who will only provide me with these "questions" for a fee ($575.00) any idea what I should ask?

JudyKayTee
Jun 27, 2010, 05:20 AM
What is your defense? I don't know about five questions but I do know you can request proof that the account is, in fact, yours and is in arrears.

Why did you not appear, allowing a creditor to get a Judgment? Setting that aside is step #1. Whether the creditor can prove the debt matters little if you don't have grounds to set the Judgment aside.

ScottGem
Jun 27, 2010, 05:28 AM
Were you aware of the suit originally? Was there a hearing where they were awarded a judgment? Were you aware of that hearing and did you attend?

There are several questions to ask when you are first sued. But if a judgment was awarded you have to have grounds to request that the judgment be vacated. Generally those grounds are that you were not properly served notice of the suit and/or hearing or that some mistake was made in the filings or evidence that resulted in the judgment.