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Hi everyone, I am new to this website. I have a question that no one seems to be able to answer for me. My Fiance and I have been together almost 6 years now. Back in 2005 he had to have a back surgery. We were both "young and dumb" He went and got a 3,000 credit card at a local bank. We paid off a little loan with half of it and the other half we blew. He stayed down about 6 months after surgery, with no income. Well about half way through our 6 months of being down, someone told us we could draw workmans comp (his back surgery was because he got hurt at work!) LONG STORY SHORT, We never paid this credit card off. We got court papers AFTER the court hearing, which we werent there so they did a default and there is a judgement against my fiance. The Lawyers office representing the bank wants us to pay 150.00 a month, and 75 of that is interest. We cannot afford to do this. I want us to be able to pay this off but at this rate its awful and will take forever!! The lawyer says the debt is close to 6,000 now. because of court costs and fees. Is there anything we can do?? We have other bills as well and we are still young. In our early 20s. What are our options?? We're paying on something that is hurting his credit to where we cannot get anything at all. No one will loan him money to pay this off, We have other bills we pay ON TIME EVERY MONTH but still, no one will do this with a judgement on his file. PLEASE HELP
Were you ever served with papers before the court date? You said you got papers after the court date-do you mean the summons? Or a copy of the judgment?
If you really were never properly served, you can have the judgment thrown out.
No... The paper we received telling us we had a court date, was recieved after the court date. Then a couple weeks later we received the judgement. It's so confusing, and it's been so long I think if I said "oh we received these papers after the court date" they would call me a liar. I've thought about bankruptcy but I dont know if that would go into that category?? I hate to do that because even though back then we had ALOT of late payments, I still made them. We had the credit and now were paying it back... so Bankruptcy doesnt sit well with me. We're still paying on alot of things from back then. It's just aggravating to deal with this one thing that is killing his credit score. you know?
Contact them directly, tell them what you said here--that you never got a notice that you were supposed to go to court.
Then tell them how much you WILL be able to pay per month and ask them that if you agree to pay that much per month, can they reduce the total amount due (try this--usually they will knock off around 20%). It is much better if you approach them--people who don't run from the debt are treated much more leniently. Then make the payments as agreed.
Well, When we try to talk to them, they never call us back. I asked for them to send me a list of the payments we had made, showing payoff and all. It took them 2 months to get it to me. I made a payment Jan 1st, they added it to my account in late february, so it showed I missed Januarys payment when I really didnt. its a huge mess. They said they would take 4,500. Is that good??? Hell the actual card was for 3,000. their still adding their fees.
The only solid advice here is for you to get a lawyer to keep this judgment from going into default with a bench warrant then being issued to arrest your partner.
Not getting a lawyer now is one of the worst things you could do. There are lawyers that work "pro bono" to help the poor and cash strapped so look for one. It's better than jail...............
The only solid advice here is for you to get a lawyer to keep this judgment from going into default with a bench warrant then being issued to arrest your partner.
Not getting a lawyer now is one of the worst things you could do. There are lawyers that work "pro bono" to help the poor and cash strapped so look for one. It's better than jail...............
What the hell are you talking about? This is a civil judgment. Her fiance isn't going to be arrested over this. Geez.
Sunshine, what you need to do is try to get the judgment thrown out. If you were served after the case had already happened it should be very easy to do.
What the hell are you talking about? This is a civil judgment. Her fiance isn't going to be arrested over this. Geez.
Wrong. Civil or not if the creditor wants to press for it the court can issue a bench warrant for contempt of court.
Sunshine, what you need to do is try to get the judgment thrown out. If you were served after the case had already happened it should be very easy to do.
Agreed which is why she needs a lawyer to help her. NOW!
Were you ever served with papers before the court date? You said you got papers after the court date-do you mean the summons? Or a copy of the judgment?
If you really were never properly served, you can have the judgment thrown out.
Not necessarily, some credit cards are now having their users sign a confession of judgment in the small print, meaning they dont need to notify a creditor that they intend to sue. If the credit card agreement does not include this confession of judgment you are correct, one can go back and have the judgment thrown out but its an uphill battle.
Quote:
Originally Posted by sunshine009
Well, When we try to talk to them, they never call us back. I asked for them to send me a list of the payments we had made, showing payoff and all. It took them 2 months to get it to me. I made a payment Jan 1st, they added it to my account in late february, so it showed I missed Januarys payment when I really didnt. its a huge mess. They said they would take 4,500. Is that good??? Hell the actual card was for 3,000. their still adding their fees.
If you originally owed $3,000 I wouldnt agree to pay more than that. The problem is, unless you can pay it off all in one lump then they are in the driving seat with a judgment.
Quote:
Originally Posted by Bosco55David
What the hell are you talking about? This is a civil judgment. Her fiance isn't going to be arrested over this. Geez.
I agree, they arent going to be arrested, but they can have their assets put up for sheriff sale to help pay the judgment.
Go to the clerk of court and file a motion to vacate judgment. Cite the reason as being that you were never sued. If they cannot prove that you were properly sued..i.e. sheriff served papers, they were signed for via certified mail, etc... the judge will throw it out.
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