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With the credit market on a brink of collapse, the future of having good credit will be paramount. Loans will be near impossible to obtain with strict lending practices around the corner. Debt collectors and Law offices will use even stronger tactics to recover more of your hard earned money. Protecting you and your credit has to be a top priority. In 2000 Ontrack Financial Group llc founded the credit arbitration movement. More and more companies entered into the arena and new business models joined old ones. Only one company has the attitude and aptitude to truly assist our clients. Ontrack Financial Group llc is that company! With our proven credit arbitration solution, you can become Charged Off Debt free within three years or less. Our clients have eliminated their Charged Off Debts with our service and avoided communication with collection agencies and law offices in the process. Since the inception of Ontrack Financial Group™, we have continued assisting our nation-wide clientele with their burdensome unsecured debt and has enrolled thousands clients in its programs, managing millions of debt for its clients without one complaint. Ontrack Financial Group™ is a for-profit, private company and is not affiliated with the credit bureaus or the credit industry. As a result, our services are unbiased and independent, which allows us to better serve the consumer.

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You are here: Experts > Business > Corporate Law > Collections Law > How to deal with a court judgement?

Collections Law - How to deal with a court judgement?

Expert: Ontrack Financial Group llc - 11/12/2009

Question
QUESTION: I JUST FOUND OUT THAT I HAVE A CIVIL COURT JUDGEMENT AGAINST ME THREE YEARS AGO FROM A OLD CREDIT CARD DEBT IN CALIFORNIA. I WAS NEVER SERVED ANY SUMMONS. AS THEY SHOWED MY OLD ADDRESS, BUT I MOVED FROM THERE IN 2004. I WANT TO SOLVE IT, WHAT IS MY OPTION? pay OFF ALL ? AMOUNT WAS AROUND $5000. NOW THEY SAT IS $9000.
AS IT IS BOUGHT BY SOME LAW FIRM. ANY ADVICE?

ANSWER: Dear Joe,

Thank you for your question.

You have a few options.

You could file a motion to vacate the judgment for improper service.

Negotiate an amount lower then what they are asking for. WE CAN DO THIS FOR YOU

Not pay for the next 7 years, CA statue of limitations on a judgment is 10 years.

The law office is pretty much stuck with this since they won't domesticate the judgment in Norway.

Good Luck

Ontrack Financial Group llc

www.OntrackFinancial.com

---------- FOLLOW-UP ----------

QUESTION: Thanks for quick response.
Can i file a motion to vacate the judgement for improper services?
As it happened in 2006. I heard that in California you can file that with in 2 years. The person who ever delivered the summons lied in the court, as i moved from that address in 2004, and he claimed that he serve the summons in 2006 that old address.

I think right now some law firm is keeping that judgment. If i want to settle it down, how much lower it can be. Suppose if judgement is around $9000. And how much charges i have to pay for your services?

Answer
Dear Joe,

If you were NOT PROPERLY SERVED with plaintiff's claim, you have 180 DAYS from the date you DISCOVERED the judgment to file a motion to vacate.

To vacate your judgment:

  1.Obtain a Notice of Motion to Vacate Judgment and Declaration (Small Claims) (form SC-135) We can send you a copy or you can get it from the small claims court clerk.
  2. Fill the form out and file it with the small claims court clerk.
  3. Pay the filing fee.
  4. The clerk will give you a date for your hearing, where the judge will decide whether to cancel the judgment or not.

If the judge vacates your judgment, one of two things will happen:
(1) You will have a new hearing immediately, or
(2) the judge will re-set it for another date.

So you need to be prepared.

   * Bring proof of why you couldn't go to your first hearing.
     For example, a letter from a doctor or a hospital bill.
   * Bring any evidence or witnesses you need to prove your case.
   * Be prepared to tell your side of the story.

We need your email address to send you the form.

Please send an email to Contactus@OntrackFinancialGroup.com

Our fee happens to be a low flat percentage of the total amount due. We'll discuss our service further when we email you the form.

www.OntrackFinancial.com

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