[HardLuck]

Recently I've found myself in one of the toughest financial times of my life. My business went under, my marriage was on the rocks, and I found myself being sued for a frivolous claim for which I was clearly not in the wrong. The problem was I didn't have the resources to fight the suit at the time. After getting served, I met with a couple lawyers who all claimed they can easily defend the claim, but that I would need to place a minimum retainer of $25K. I didn't have the capital, but I also didn't have any real assets left to my name, so a colleague of mine had suggested I deal with the other pressing issues and my family, and not concern myself with the suit because I was basically judgment proof.

Ultimately, the suit for $100,000 became a judgment for $1,000,000 when I wasn't present in court to contest it. They claimed all kinds of damages. The people suing are unscrupulous, and crooked, and I would love to bring them to justice. They have threatened garnishing my bank accounts and wages. I will work and save enough to fight this, but don’t know what steps I should take if any.

Do I even have a claim to fight a judgment already issued against me, especially if I didn’t contest it during the 30 days following being served? I know it doesn’t sound like a very intelligent thing to do, but when I was going through everything, this suit was the least of my problems. Now, looking back, I realize I should have done something, anything to enter my argument. I only hope there is something I can work towards to get my life back. Thank you.

[progunr]

If the 30 day period for appeal has passed, you have little in the way of options.

If they have this judgment, they will try to collect it in any way possible. This can include levy of bank accounts, levy of personal property to be sold at auction, and, garnishment of any wages.

You NEED TO GET AN ATTORNEY, QUICK.

[HardLuck]

Well, I intend to get an attorney, but they don't come cheap of course, and I just don't have the means to fight it yet. I appreciate your comments, and just hope there is something I can file or claim to remove or contest the judgment as soon as I have the capital to hire an attorney.

[twinkiedooter]

With a judgment of that amount against you, if you did get an attorney he would have to be a miracle worker. The longer this goes on, the harder it will be for the original judge to even want to pay attention to whatever "excuse" you had for not filing even an answer. It tells the judge you were not interested and ignored his court. He's not going to be a very happy camper with you in the future coming into his courtroom trying to fix anything.

Be sure to thank your colleague who advised you to ignore the suit and go about your life.

Keep checking the courthouse where the judgment against you was filed to see if it is properly renewed every so many years. You could move out of state or out of the country. Other than that recourse, there basically is no recourse.
OR
You can wait it out until the judgment is considered outdated and they are unable to collect off you. You'll only have 10 years to wait or 20 years if they get it renewed.