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Expert: Michael Brotherton - 5/7/2008


Question
I live in Washington State and last week I was served with papers for a judgment against me. Suttell and Associates got a default judgment against me because I didn't go to the original court date (I was never served with the original summons and complaint.) I had to go to court today for a supplemental hearing where I had to give my employer and all that kind of personal info, which I didn't really see any way around. Oh by the way the debt is for a item that was purchased about 7 years ago which I know in WA that SOL is 6 years. This debt isn't even on my credit report any longer. Its my understanding that I need to motion for this default judgment to be set aside and something about the option for the plaintiff to vacate the judgment or have to show that this is a legitimate debt within the SOL. Is that correct?   I am not sure where to go from here other than what I explained. Is it likely I can get this set aside? I truly was never served for the original summons and I am not sure what proof they can claim to have that would support they did. Thank you

Answer
You have good information. File the motion to set aside the judgment based on the fact you were never served and ask that the judgment be set aside because of the Statute of Limitations.

Write a letter to the judge or courts. Follow their format if possible or hire an attorney to write the motion "pro se". You can represent yourself. If you get a hearing speak your mind and ask that the case be dismissed. You have a good chance of winning.

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Michael Brotherton

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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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