Need Help, Judgement with CA looking to garnish wages.

[agv310]

So I had a judgement filed in 2008, they never mailed me any notice of intent to collect on it. Recently I started checking my scores to update them and make sure everything was on the up an up to buy a home. Well they finally caught me i guess, they mailed me a letter giving me 10 days to respond on an amount of 2144. They state on the letter they are going to seek to garnish wages.

Well I can pay the amount, but i'm looking for the best approach. I want to try and settle it without paying more then 50%. Has anyone had any success with that? Also they can't just vacate the judgement after payment or can they, if asked for and agreed to by them in writting i mean not just because it was paid.  Also I want more time to reach a settlement so I'm looking for a way to respond before the 10 days are up without closing options for myself. If anyone can point me in the right direction that would be awesome, thanks guys!

[RobertEG]

Under what conditions was the judgment rendered?  The court apparently considered the facts and rendered judgment.  Did you attend the trial?

If you were properly noticed about the trial and did not attend, you will be hard-pressed to now challenge the verdict.

Only the court can vacate the judgment itself.  The judgment credtior can use the judgment as basis for seeking its performance, such as by wage garnishment, so I would take it seriously. 

Some courts will entertain a motion to vacate the judgement based on subsequent payment, but that bridge is a bit down the road.  Maybe ask if they will support a motion to vacate if you pay?.

[agv310]

Yeah I dont mean to fight it in court at all, I want to settle with the creditor. I always kept my mailing address at my folks house since i was maybe 18, I can't say yes or no to me being served but the trial happened and i wasn't there so i'm SOL there, I understand that.

I want to do just as you say, ask them to support the motion to vacate after I pay. I hear that's not usually the case though and depending on the state/city the court could deny to vacate based on payment. I also want to maybe drop it down to 1k with that and hopefully they will go along with it. I just need a sample letter, not really trying to call them at this point I just want to ask for more time so i can prepare myself to negotiate.