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Collections Law/Registered foreign judgement
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Question
On 4/16/08 I had a default judgement against me in California. I work hard and had the judgement vacated on 10/01/08. No on 10/20/08 the plaintiff filed a motion for registration of foreign judgement in IL where I live. The plaintiff knows the judgement was vacated. What are my options? Can I sue the plaintiff for fraudulently filing this?
You will need to file a response to the courts on the registration of foreign judgment. Make sure you send copies of the notice vacating judgment in California. They would have to file a new suit to obtain a new judgment in your state.
You may be able tto file suit for knowlingly filing a fraudulant claim against you. I am not sure what damages can be claimed. They are usually based on actual damages sustained from the action. You may also file a complaint with the Bar Association if the attorneys action was deemed as improper.
If the claim is a for a valid debt they will at some point get their judgment. You may be better served by attempting to negotiate a payment plan or settlement on the debt. If you have resources available offer them 30-40 cents on the dollar as settlement in full. Make sure you get something in writing that they agree to the settlement and no further action will be taken against you. If you need help with this I would be happy to assist in your negotiations. Call my office at 937 372 8581.
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Answers by Expert:
Michael Brotherton
Expertise
Consumer/Debtor Rights Advocate. Mike Brotherton is a negotiator with over 30 years experience in consumer lending and collections. Mike has 30 years in the credit and collections industry as a former loan officer, debt collector and manager of two finance companies over several years. Mike is well versed in Loss Mitigation practices and the legal collection process. He has helped literally thousands of people over many years overcome serious financial problems such as foreclosure, creditor lawsuits and abuse by debt collectors. For more information about resolving your "financial emergency" visit www.financialemergency.com. FinancialEmergency.com is a consumer web site which actively promotes Fair Debt Collection Practices and other consumer protection laws. We teach DEBTOR RIGHTS and enforcement of those rights. The more informed you are of your rights and the credit collections practices of creditors the more peace you can have dealing with your FINANCIAL EMERGENCY. Most financial problems are fairly common and as such have some very common solutions. The key is understanding your rights in the collection process and how to enforce them if need be. Primary business- Debtor Rights Advocacy and Debt Mitigation relating to foreclosure, creditor lawsuits, and other serious financial problems. www.financialemergency.com (copy and paste in browser).
Experience
Over 40 years combined experience negotiating disputes and resolving financial issues related to consumer debt, corporate issues and mortgage modifications.
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