[katiebar15]

In 2006 I lost my job and had to use a credit card to pay my rent. I eventually lost my duplex and had to move in with my sister. I had called the credit card co. and let them know where I was and what was going on. After I went back to work and three days before I was to get my first check the credit card co. called and I told them I would give them a check over the phone paying the amount in full if they would guarantee me it wouldn't reach my bank account before three days. The man was so ugly and said he would not guarantee any thing so I told him call back in three days/ He said the offer was only good that day!Anyway shortly after that I moved into my own place again and of course had bills to pay then. No amount that I could pay was ever enough. In 2007 I was subpoenaed and told to take a letter of explanation to the courthouse. I did but I did not get to talk to anyone they just said they made a copy of it and put it on file. I kept waiting to hear something but never did. In 2010 after trying to get a auto loan I was denied because of a judgment against me. I went to the Courthouse and was shown a paper the said I represented myself in court on a certain day but I knew nothing of it. I thought I should have at least been able to defend myself in court in person. Now I am told this will never go away unless I pay it. Is this legal? Is there anything I can do to get this removed? Sorry this is so long, and thank you for any info you can provide. Sincerely... Kay

[adthern]

It sounds like a default judgment was entered against you because you failed to appear. There are usually ways to appeal them, but they are generally time sensative.

Check the rules of court for the jurisdiction, some judgments expore in time (20 years here in MA). That may not help, but its an answer anyway. The credit card company may be open to accepting a lesser amount than the judgment, but I warn you get an attorney experienced in these matters, there are some very big pitfalls you can fall into when simply trying to use "common sense" in dealing with them.

[katiebar15]

Thank you for your answer. If I was not told that I had to appear in court how could they have filed a default judgment? The paper says that I appeared "in person" but I was never told that I needed to do anything other than provide a written explanation. It is so exasperating because when I was in a position to have paid in full the amount they were requesting they would not wait three days! So does it mean that since my letter was on file at the courthouse that they consider me being there in person?