General Credit Topics

[Takunda1]

You can get that judgement vacated. What yo uneed to do IMMEDATELY is get a lawyer and who will file a motion to vacte because of improper service. I believe in TX you have 30days from the day the judgement was passed to do that.

[beach123]

Good luck if you have the default judgment, I'd watch your bank account & keep it VERY low.  I had responded to a Summons, and was waiting for the day I could go to court - never had a hearing, in the mails comes a "Judgment Notice" and I called the court immediately.  The law firm had filed a "No Reponse Affidavit" which allows them DJ, no hearing, nothing - they win and you spend the money to get them back.  Come to find out this firm had been doing it to several people in MN, I wasn't a loner by far on this!

[munchkin]

That's exactly what happened!  There is a No Response Affadavit, and something about substitute service.  Those devils!

[Patience]

In some states posting on the door is legal service (possibly after personal service has been attempted to no avail). You can goggle the state laws of your state to find out what the laws are regarding Notice/Process and see if they have followed correctly. If not, those will be your grounds (standing) to file a Motion to Set Aside Default Judgment and this must be done within a certain time period, usually 30 days but may be less in your state.

Obviously, the service was improper in that you did not receive the Service, however, the burden of proof will now be upon you to prove that you did not receive proper service. If you file a Motion to Set Aside Default Judgment either pro se (on your own) or thru an attorney and you get a hearing (which you probably will) you will have to convince the Judge that you did not get the service and the other side probably will have a process server at the hearing to testify that he/she posted the papers/service on your door, in addition, he/she (the process server) has probably already signed an Affidavit of Process stating that he duly posted the papers on your door. So, I'm just giving you a heads up of the types of tricks the other side may play on you. Some attorneys have idiots like that that work for them.

Standard Courses of Action:

1.  Motion to Set Aside Default Judgment

2. Appeal (this also has short time limits).

3. Settle the matter out of court.  

Hope this helps.

[Patience]

If you decide to Settle the matter out of court, File the Motion to Set Aside Default Judgment anyway. Also, do not give up any Appeal rights you have. This is a fight so fight it with every right you now have including using BK as weapon to cause them to settle. Secondly, keeping it in the Courts is costing the other side money and not you if you are doing it yourself and they will consider the attorneys fees when deciding to settle. Thirdly, while this matter is in the Courts it has not yet impacted your CR.

Peace.

[Patience]

Clairification: When I say use BK as a weapon I do not mean "File" BK; the threat of filing BK may be a weapon in this situation for the purpose of debt settlement.

Peace.

[munchkin]

Thank you for the guidance.  If this is vacated, what does that mean to my CR?  Will it still appear, or is the entire thing removed?  This CCC also noted as charge off 4 times in 6 months.  Can they do that?

[Noah_Bodie]

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munchkin wrote:

If this is vacated, what does that mean to my CR?  Will it still appear, or is the entire thing removed?  This CCC also noted as charge off 4 times in 6 months.  Can they do that?

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Judgments and your CRs are separate issues.

SOL is to Judgments, as CRTP is to CRs.

http://ficoforums.myfico.com/fico/board/message?board.id=generalcredit&message.id=17466

Is the same item listed 4 times on your CRs? Or is it the same TL showing a CO 4 separate times?

[munchkin]

The same TL is showing up as a CO four times, under the same entry.

Further, I see that the original court petition was filed in another state back in February, and then an attempt has been made to move jurisdiction to TX.  I re-read the documents and see that nothing is filled in under a service stamp. 

[Hendu3270]

This is the same thing I'm going through right now. "Default Judgment" was entered against me in a $5000.00 credit card case with Chase. Does anyone have a clue as to what I should expect now? I've been told to watch the case details on the Clerk's website and look for a "Writ of Execution" which means they are coming to take assets. Does this sound right for a $5000.00 credit card bill with a multi-million dollar company?