Judgement Question

[nj1pyt]

Back in 2006, my mom lost her job and fell behind on her credit card payments. She decided to let her bills go to collections since she was stuggling being a single parent to two kids and unemployed. She has bounced back and now she would like to purchase her first home. I advised her to get a copy of her credit report before applying for a mortgage - this is when we discovered the judgement.

According to Transunion the judgement was filed in May 2008. The judgement was filed in a county she hasnt lived in since 2006 (after losing her job). She never received anything from the collection agency notifying her of the law suit; we assume the letters were sent to her old address.

The judgement is for $4800, the original amount owed was around $1600. She acknowledges that she owes something and is willing to pay to settle the debt (hopefully at a fraction of the judgement).

What would be the best way to handle her situation? She lives almost 1000 miles away from the county court where the judgement was filed, so it would be difficult to see a judge but if it means settling/excusing the jugdement then Im sure she could find a way.  

[ezdriver]

Judgements are tough to resolve ... but not impossible. Court can only vacate a judgement, not excuse one. The creditor can request that the judgement be vacated if it is settled or paid. I would recommend contacting the creditor and presenting a settlement offer ... and hope that they are receptive. 

[nj1pyt]

Thanks @ezdriver! I wasnt sure where to start. I will contact the creditor. 

[RobertEG]

I recommend consulting an attorney.

She apparently has issues regarding proper service of notice of their legal action, and needs legal advice as to how the record shows notice was served on her, and whether it complies with the rules of civil procedure of the judgment court. 

If it was a debt collector plaintiff, they have the option of bringing action in either the state of current residence of the consumer, or in the jurisdiction where the account establishing the debt was signed, so there also appear to be venue issues.

It is also unclear as to what is meant by "filing the judgment."  Filing is bringing legal action.  The court then conducts trial and issues the judgment.

It was apparently a default judgment based on her lack of appearance?  If so, did the court not send notice of the judgment?

I would definately advise consulting an attorney, as there appear to be a heap of procedural issues....

[nj1pyt]

Thanks Robert! Thats exactly what we'll do. Neither of us are comfortable enough with the judgement process to speak with the creditor directly.

Any suggestions on where to find an honest attorney in California?