Jugdgement against me. What now?

mandyluvsmaddy · May 12, 2009, 08:36 AM

Hi board, I was recently served a notice that a judgement had been made against me and the creditor is seeking repayment. I didn't even know I was being sued! The credit card debt has to be at least 8 years old. Here's the real problem. I was recently married; is my husbands property considered theirs for the taking? I only have a car in my name, but it's also in his. I have to act quickly, only having 20 days to file an exemption of property. I live in North Carolina. Thanks for your help.

CreditDiva · May 12, 2009, 09:52 AM

Congrats on your new marriage.

His property has nothing to do with this debt. It sounds like you weren't properly served regarding this matter (that's why you didn't go to court) and so a Default judgment was given. Is the party asking for repayment the original creditor? If not - DO NOT PAY them. 3rd party collection companies need to Validate the Debt.

Don't delay on any court action.

ScottGem · May 12, 2009, 09:54 AM

You can submit a motion to vacate the debt on the grounds of improper service if you wre never made aware of the suit.

Then you can get a new hearing.

mandyluvsmaddy · May 12, 2009, 10:04 AM

Hi, thanks for the prompt response. As far as the creditor seeking payment, I have never dealt with them before. It is one North Star Capital Acquisition, LLC. So they are a 3rd party, correct? I don't know if it's nerves or what, but I'm having such a hard time understanding the lingo. How do I go about filing the motion to vacate? Is there a form I use? I would love to do all this without a lawyer, but if I need one... oh well. Thanks for your help.

ScottGem · May 12, 2009, 10:05 AM

Originally Posted by CreditDiva

His property has nothing to do with this debt. It sounds like you weren't properly served regarding this matter (that's why you didn't go to court) and so a Default judgment was given. Is the party asking for repayment the original creditor? If not - DO NOT PAY them. 3rd party collection companies need to Validate the Debt.

Don't delay on any court action.

Yes its true that his property has nothing to do with the debt. But any property in which she is listed as a part owner IS subject to attachment. Since a judgement is in place, she has no choice but to pay if they attach her assets or garnish her salary.

It was good advice to not delay on court action, but it would have been more helpful to tell her what action she needed to take.

CreditDiva · May 12, 2009, 10:10 AM

Originally Posted by ScottGem

Yes its true that his property has nothing to do with the debt. But any property in which she is listed as a part owner IS subject to attachment. Since a judgement is in place, she has no choice but to pay if they attach her assets or garnish her salary.

It was good advice to not delay on court action, but it would have been more helpful to tell her what action she needed to take.

That's why Teamwork makes the Dreamwork ScottGem. I was distracted by a phone call - thanks for picking up the pieces my friend.

ScottGem · May 12, 2009, 10:57 AM

Originally Posted by mandyluvsmaddy

Hi, thanks for the prompt response. As far as the creditor seeking payment, I have never dealt with them before. It is one North Star Capital Acquisition, LLC. So they are a 3rd party, correct? I don't know if it's nerves or what, but I'm having such a hard time understanding the lingo. How do I go about filing the motion to vacate? Is there a form I use? I would love to do all this without a lawyer, but if I need one... oh well. Thanks for your help.

It depends on the court. The notice you got should list a court and docket number. Contact the court clerk and ask if there is a specific form you need to use.

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