topic Re: Default Judgement in General Credit Topics

Default Judgement

vV35Hszm — Sun, 22 Jul 2018 00:42:31 GMT

I got a default judgment of about $3K from a creditor that never served me.

The good news is, it isn't showing up on my credit. The judgment isn't, the original debt is. Also they're unable to collect it as I'm self-employed.

Should I ignore it and hope they forget to renew it and it goes away or should I try and fight (and if so how)? Are there any credit attorneys lurking here that look for these kind s of cases... isn't it a violation of some kind?

Re: Default Judgement

Anonymous — Sun, 22 Jul 2018 01:00:41 GMT

I hate to tell you this but being self employed doesn’t mean they can’t collect. State specific as to what post judgment remedies are available, but most states allow bank levy, property liens, debtor exams.

I would search court docket to get the proof of service. See how they claim to have served you. Then go from there.

Re: Default Judgement

vV35Hszm — Sun, 22 Jul 2018 01:22:52 GMT

@Anonymous wrote:
I hate to tell you this but being self employed doesn’t mean they can’t collect. State specific as to what post judgment remedies are available, but most states allow bank levy, property liens, debtor exams.

In my case, they can't find me, they don't know where I bank, and I don't own property, etc. So it's not really a pressing issue, but something I'd like to resolve if possible.

I did look it up, the process server lied... said he served me at an old address I didn't even live at. So what should I do next?

Re: Default Judgement

JVille — Sun, 22 Jul 2018 05:36:28 GMT

Go spend 30 minutes with a lawyer. Taking copies of the judgement the so called proof of filing. Most atterneys do free 30 min initial consultations.

Re: Default Judgement

Anonymous — Sun, 22 Jul 2018 11:20:14 GMT

How old is judgment ? You should file order to show cause with court to have it vacated

Re: Default Judgement

RobertEG — Sun, 22 Jul 2018 16:27:51 GMT

I agree with the advise to consult an attorney.

You need a competent legal opinion, after review of the court documents, as to how service is stated to have been made, and then an opinion as to whether it meets the legal requirements in your jurisdiction.

Re: Default Judgement

vV35Hszm — Sun, 22 Jul 2018 17:07:50 GMT

@RobertEG wrote:
I agree with the advise to consult an attorney.
You need a competent legal opinion, after review of the court documents, as to how service is stated to have been made, and then an opinion as to whether it meets the legal requirements in your jurisdiction.

I actually work with lawyers, and while they're the best at what they do, they know less about this stuff than I do. There's not enough money at stake to get a competent legal opinion... that's why I'm here.

Re: Default Judgement

Anonymous — Sun, 22 Jul 2018 20:37:58 GMT

You don’t need a lawyer. Go to court house and review file. See if you were sewer served or there is no proof of service. Then file order to show cause. This is what I did in New York.

how old is judgment. ?

This is will be a problem sometime down road so take care of now. Money judgments here in New York are good for 20 years.

Re: Default Judgement

vV35Hszm — Sun, 22 Jul 2018 20:49:29 GMT

@Anonymous wrote:

This is will be a problem sometime down road so take care of now. Money judgments here in New York are good for 20 years.

Couple years I think. Since judgments no longer appear on credit reports I bet there's a lot of people who have them who don't even know it.

Re: Default Judgement

Anonymous — Sun, 22 Jul 2018 21:44:39 GMT

Yes , it may not appear on credit report but it still exists. A bank doing search for mortgage or an employer using third party search company will pick it up

it most states, judgments accrue interest at 9% plus.

Re: Default Judgement

vV35Hszm — Mon, 23 Jul 2018 05:10:58 GMT

@Anonymous wrote:
Yes , it may not appear on credit report but it still exists. A bank doing search for mortgage or an employer using third party search company will pick it up

it most states, judgments accrue interest at 9% plus.

So if you don't have an "employer" it's pretty easy to evade? Better to purchase property through an LLC anyway.

Re: Default Judgement

Anonymous — Mon, 23 Jul 2018 05:27:31 GMT

If they committed sewer service you probably have a good FDCA case. A good consumer attorney ( who will not cost you anything) they usually only take cases they can win and get a settlement. What they can due is trade the FDCA claim and get the judgement removed and never to be acted on again. DW has made well over $10K in FDCA cases because another person has a similar name and the debt collector would not listen. They thought two people 50 miles part similar name, similar birthdates, same line on work impossible. Then they got to pony up in Federal court. DW is in on web recon, a list of people who regularly sue bill collectors. Last year she got her LV handgbag paid for out of a settlement. It was not cheap/

Re: Default Judgement

coldfusion — Mon, 23 Jul 2018 10:34:19 GMT

@vV35Hszm wrote:
@Anonymous wrote:
Yes , it may not appear on credit report but it still exists. A bank doing search for mortgage or an employer using third party search company will pick it up

it most states, judgments accrue interest at 9% plus.
So if you don't have an "employer" it's pretty easy to evade? Better to purchase property through an LLC anyway.

Judgements are public records, the data miners will capture yours and broker it and LexisNexis and all the other data aggregators will place it online to make it easy for their subscribers to access. Don't count on being able to evade the problem.

Ever applied for credit and get shunted to a verification page asking multiple choice questions about the color of your car, your previous address, your insurance carrier, and the holder of your mortgage? Data aggregators at work.....

If you work with lawyers it shouldn't be difficult to get recommendations for a lawyer or lawyers near you tha have the necessary experience.

Re: Default Judgement

wa3more — Mon, 23 Jul 2018 16:12:48 GMT

If this is original creditor, they will not be liable under FDCPA.

Cold is right, a 3rd party data miner will pick this up in 30 seconds. Also, i don't think many lenders will allow a a mortgage in an LLC's name. They want recourse to go after the individual if loan goes bad.

OP's best bet is filing an order to show cause.

Re: Default Judgement

vV35Hszm — Tue, 24 Jul 2018 06:22:02 GMT

wrote:
If this is original creditor, they will not be liable under FDCPA.

Cold is right, a 3rd party data miner will pick this up in 30 seconds. Also, i don't think many lenders will allow a a mortgage in an LLC's name. They want recourse to go after the individual if loan goes bad.

OP's best bet is filing an order to show cause.

Thanks - as I don't expect to ever need a mortgage this may be a non-issue.

Re: Default Judgement

wa3more — Tue, 24 Jul 2018 12:00:32 GMT

what state you in ?

Re: Default Judgement

Anonymous — Tue, 24 Jul 2018 23:55:08 GMT

I am not a lawyer, but here is my advice:
1. Make a post on avvo.com. only lawyers can answer, it's free and while they will likely tell you talk to a lawyer they have always also given me great advice. They can help walk you through what you need to do. Paying for their services also makes sense because the judgement is for $3k but it still accrues interest and collection fees. This can get expensive! Can you pay the judgement? For such a small amount, maybe it's better to pay it if you can rather than stand on principal.
Where I am the judgement is good for a long time then it can also be renewed. Plus they can take you to court for discovery in which you will be obligated to tell them the truth about where your money is and provide any financial documents or information they ask for. Having liens on bank accounts suck and so would have to constantly move your money around to evade them.
It's just a matter of if you want to take the time to dispute it or if I would be more worth your time to just pay it. I would never just ignore it; that doesn't make it go away.