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    msnay38's Avatar
    msnay38 Posts: 4, Reputation: 1
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    #1

    Oct 31, 2007, 11:28 AM
    Judgment in trouble
    I have a judgement against me regarding a credit card for 2,500, I have tried to contact the attorney office and got no reply. I answered the judgement, but apparently it was after 30days. I received a letter in the mail from the attorney office with re-ject of answer due to time lapse. What should I do next, should I file order to:confused: vacate of Judgement. I also sent the attorney office a letter of validate (certified mail) they received it! But will they adhere to it?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Nov 1, 2007, 05:40 AM
    Hello m:

    From what you say, the judgment is legal. ALL the things you are doing now, like validate, and answer the complaint, are TOO late. The judgment is already entered.

    What you can do, is possibly arrange a settlement or they're going to waltz through your bank accounts taking what they please. If they don't get enough there, they're going to go to your employer and take your paycheck.

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

    Nov 1, 2007, 06:22 AM
    Were you served on a timely basis and just didn't respond or did you get served without enough time to respond? Only in the case of the latter can you vacate. But if you were served and let a default judgement be entered then you you are stuck. Your best bet is to offer a lump sum settlement.
    msnay38's Avatar
    msnay38 Posts: 4, Reputation: 1
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    #4

    Nov 2, 2007, 12:04 PM
    I was never served, I received the Judgement in the mail!
    msnay38's Avatar
    msnay38 Posts: 4, Reputation: 1
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    #5

    Nov 2, 2007, 12:05 PM
    Also when I call the Attorney office he never returns my call!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Nov 2, 2007, 12:06 PM
    Quote Originally Posted by msnay38
    I was never served, I received the Judgement in the mail!
    Service by mail is legal. According to what your original post said, you got notice of a suit against you and failed to respond during the prescribed time limit so a default judgement was entered against you.

    You blew it.
    msnay38's Avatar
    msnay38 Posts: 4, Reputation: 1
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    #7

    Nov 8, 2007, 01:04 PM
    Since I filed and Answer Late, and the Lawyer filed a Notice to Rejection Answer, what happens next! The county clerk stated to wait for my court date.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Nov 8, 2007, 01:14 PM
    You filed an Answer to the summons, but you filed late. The plaintiff's attorney made a motion to reject your Answer on the grounds that it was late. So now you have to wait for the judge to rule on their motion. If he upholds the motion, then the judgement gets entered. If not, then they schedule a date for a hearing for you to answer the suit.
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