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Question
We received a letter from an attorney that says a judgment has been entered in Los Angeles County Superior Court Civil Division for $11,980.34. Levy of wages, and bank accounts are forthcoming. We have no property, just jobs. What do we do now? The debt is approx 5 years old, from before we were married. Why weren't we notified of the potential judgment? It was a $3,000 disputed debt from Discover Card. What recourse do we have now?
The courts would have had to make an attempt to serve you at their last known address or by public notice in the paper. If they could not find you then service by publication would be sufficient notice to continue their suit. If you did not respond they obtained judgment against you for the relief demanded. My question is how the attorney sent you a letter and had the correct address for you but could not serve you legal notice.
You mnay be able to file a motion to overturn the judgment for lack of service but the creditor can justt refile and you would have to defend yourself against the action. If it is a disputed debt it may be to your advantage. You will have to prove your case but if you have evidence to support your defense then go for it.
You need to research the process in your court and seek legal counsel before proceeding. Call the court where the suit was filed and ask if they have forms or particular format for appealing a judgment. Then proceed with your case.
Keep me posted on your success.
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| Rating(1-10) | Knowledgeability = 10 | Clarity of Response = 10 | Politeness = 10 |
| Comment | What a great response. Thank you very much. With knowledge a little of the fear goes away. Thanks again. We will proceed to get an attorney to help us get through this. It is a disputed debt. We have been out of the country for 6 months. Now we have to deal with this. We can't thank you enough. Even this short bit of information is enlightening. Rebecca Davis | ||
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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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