voluntary dissolution of writ of garnishment

[Anonymous]

Hi, I'd appreciate any insight into my situation.  I had a Chase credit card go bad.  They sued me and won a default judgement.  Froze my bank account.  I hired an attorney who filed a claim of exemption because I was the head of family supporting 3 children on my own.  (I left an abusive marriage.  I had restraining orders and everything)  Anyway, Chase did a Voluntary Dissolution of Writ of Garnishment and that went away.  I want to file a motion to vacate the judgement.  Can I?  Do I need to go back to my attorney?

[StartingOver10]

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@Anonymous wrote:

Hi, I'd appreciate any insight into my situation.  I had a Chase credit card go bad.  They sued me and won a default judgement.  Froze my bank account.  I hired an attorney who filed a claim of exemption because I was the head of family supporting 3 children on my own.  (I left an abusive marriage.  I had restraining orders and everything)  Anyway, Chase did a Voluntary Dissolution of Writ of Garnishment and that went away.  I want to file a motion to vacate the judgement.  Can I?  Do I need to go back to my attorney?

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Yes, call your attorney.

[needtodobetter]

It really varies by state and most have established deadlines for filing to vacate in a default judgment. Also, if the debt is yours, even if you are successful in getting the default judgment vacated because you weren't properly served or have a valid reason you couldn't appear, etc, Chase can refile against you. They may not be able to garnish but they can win a suit against you. In most states, judgments can be renewed collectible for years...my state allows 20 years. The other kick in the teeth is that if they renew the judgment years down the road, the CRAs are allowed to continue to report them as long as they are enforcable. I believe they can report for 7 yrs 6 months from filing if paid. If not paid, they can report beyond that if they are still enforcable in your state.

If you can get the judgment vacated, it would be best for you to settle, pay, or set up a payment arrangement to prevent them from just getting another judgment if the debt is yours and valid and within SOL.

I would definitely consult further with your attorney. Good luck!!

[gdale6]

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@needtodobetter wrote:
It really varies by state and most have established deadlines for filing to vacate in a default judgment. Also, if the debt is yours, even if you are successful in getting the default judgment vacated because you weren't properly served or have a valid reason you couldn't appear, etc, Chase can refile against you. They may not be able to garnish but they can win a suit against you. In most states, judgments can be renewed collectible for years...my state allows 20 years. The other kick in the teeth is that if they renew the judgment years down the road, the CRAs are allowed to continue to report them as long as they are enforcable. I believe they can report for 7 yrs 6 months from filing if paid. (7 yrs from the date of judgment entry though the CRAs usually go from date it was filed) If not paid, they can report beyond that if they are still enforcable in your state. (and yes they can report for the full time of one enforceability period if they wish and as you say its 20 yrs in your state)

If you can get the judgment vacated, it would be best for you to settle, pay, or set up a payment arrangement to prevent them from just getting another judgment if the debt is yours and valid and within SOL.

I would definitely consult further with your attorney. Good luck!!

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[RobertEG]

You had a determination, apparently not asserted at trial, that, due to the financial situation, the additional step of forcing payment now by a specific order of payment was not enforceable.  That does not make the judgment improper.

I dont see the dissolution of the writ of garnishment as basis for vacature of the judgment itself.