[stones123]

I really would like some reply's on this please.

I received information on a judgement against me inregards to a debt that I thought was paid. This account was being paid on through a credit counseling group monthly. Then all of a sudden the payments stopped. Not sure why and I am still trying to get to the bottom of this one. This account was paid down to 1900.00. This is the balance that is owed on the settlement that was agreed too by the first collection agency. Yes I do have the settlement form, copies of the checks & records that show s that this acct was being paid on and what the balance is or may I say was. Now of course there is a new collection agency and they are the ones that has the judgement against me. I have been in contact with them a few times and have tried to settle this acct. I do not no why but they just kept putting me off. I offered to pay the amount that I show is still owed on this acct. I even tried to get them to make a settlement amount. They don't not like to return calls. I am the one that makes the calls. I just want to pay this debt and get on with it. This sounds really strange but I'm going to try and see if the judge will listen to me on this case. I have been reading all of the post that is up on judgements and I did ask earlier to kepp the up-date going. I would really like to know her out come on hers.

My question is do I have a chance at getting this debt settled in court. Or will the judgement stay and I will find out later if they garnish my wages or freeze my bank acct or lien on property.

Thanks

[progunr]

I'm always confused when someone says they just found out that there is a judgment against them.

Yes, there is the chance that the proper procedures were not followed, but in most cases, few judgments get awarded without the t's crossed and the I's dotted.

The only way you can fight this in court, is to prove that you were never served with the original notice of the suit that this judgment resulted from. The chance to fight it passed the day that you didn't show up to defend yourself if you were notified of the suit.

Go to the county court where the judgment is on file, as to see the proof of service of the original notice or suit. If there is no proof of service, you can motion to dismiss the judgment. If there is proof of service, there really is nothing to negotiate now, they have the judgment.

Yes, they can put liens on property, garnish wages, levy bank accounts, and in some cases, can even levy personal property to be sold at auction to satisfy the judgment.

[Fr_Chuck]

yes, to get a judgement they have to have sued you in court, given you a chance to present your evidence

if this was not done then they had to have lied and not served you to get a default judgement. If this is the case you can ask for the judgement to be overturned because of improper service

Also do you have proof ( checks from the counseling service) to prove they were being paid. Also was there a signed agreement by the debtor and the counseling company.

Also do you know they really have a judgement, have you called the court or went down to the court and gotten acopy of it.

There are some crooks that pretend to be collection people that just pick old bills at random and pretend to collect them, take the money and are gone in a few months before anyone finds out

[stones123]

To answer all questions.
Yes I do have proof from the counseling group of checks sent and a signed agreement. I also have phone records that show that they even tried to get in touch with these people and no response. They were good enough to give me these.

Yes I do have a copy of the judgement. There was no court date. All I received was a letter stating that I have not nor wished to satisfy and have failed to comply with the settling of this debt. The letter had no court date on it and it said at the convince of the court. I never got the opportunity to go to court and tell my side.

So I really am wanting to fill out an affidavit to tell my side and see if the judge will see me or overturn this.

What do you think?