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    janae1's Avatar
    janae1 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Jun 25, 2010, 03:28 PM
    Questions to ask creditors to vacate judgments
    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's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    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.
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