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Any1 know the time limit to appeal a default judgement from a Credit Card company?
I was bedridden and never received the letter to appear in court. So im confident the court will here me out, ahve doctors orders and everything, and all type of evidence. No problem paying what I owe, just want the judgment taken off by the courts issue, and making them pursue be again, and then just paying them.
This is time sensitive, im going to the Compton Court building tomorrow. SO if any1 can give me that date, it would be greatly appreicated.
I just got the judgement in 09, and yet ive built my credit score up to a 707 experian. If I get that judgement off, im looking very pretty.
Oh and I called the county clerk and the Compton Courthouse, and they tell me they dont know, to contact a paralegal, because they cant give legal help.
Im like, all I want is the time limit I have, im not asking you to handle my case.
never mind, I had 60 days. Thats no time at all, what if you didnt know? Crazy legal system.
Now I have to pay a paralegal. Just got off the phone with 1, and im going to talk over my case with them and see what my options are tomorrow.
Ill let every1 know what comes out of it, and how much it will cost.
@terren2000 wrote:Any1 know the time limit to appeal a default judgement from a Credit Card company?
I was bedridden and never received the letter to appear in court. So im confident the court will here me out, ahve doctors orders and everything, and all type of evidence. No problem paying what I owe, just want the judgment taken off by the courts issue, and making them pursue be again, and then just paying them.
This is time sensitive, im going to the Compton Court building tomorrow. SO if any1 can give me that date, it would be greatly appreicated.
I just got the judgement in 09, and yet ive built my credit score up to a 707 experian. If I get that judgement off, im looking very pretty.
Hi terren...what type of score is this Experian score? Experian hasn't let consumers buy their FICO scores in about a year. Did you buy a PLUS or a Vantage score? If so, please be aware that that score is not your FICO score...it's on an entirely different scale.
Let us know how you come out with the default judgment. I'm sure this affects a lot of people.
Oh, I dont get my experian score from here, I only get Transunion and Equifax.
I get Experian from there website.
And ill keep every1 updated. Possibly tomorrow, will be 1st update when i meet with paralegal.
@terren2000 wrote:Any1 know the time limit to appeal a default judgement from a Credit Card company?
I was bedridden and never received the letter to appear in court. So im confident the court will here me out, ahve doctors orders and everything, and all type of evidence. No problem paying what I owe, just want the judgment taken off by the courts issue, and making them pursue be again, and then just paying them.
This is time sensitive, im going to the Compton Court building tomorrow. SO if any1 can give me that date, it would be greatly appreicated.
I just got the judgement in 09, and yet ive built my credit score up to a 707 experian. If I get that judgement off, im looking very pretty.
I would file a motion to vacate predicated on lack of service. There is generally no time limit on filing to vacate on lack of service. The 60 days would be the time you have to appeal a judgment, not move to have one vacated.
If you believe the originating debt is valid, and you can pay the debt "no problem" then you may seek to settle and vacate all in one strategy.
Contact the plaintiff attorney and discuss lack of service, willingness to settle in exchange for motion to vacate. If they agree (get a settlement agreement), then you can resolved the debt and vacate the judgement. Make sure you get a copy of the motion to vacate as an exhibit to the agreement to settle. Make sure the settlement agreement stipulates plaintiff will not oppose the motion. The motion can be based on lack of service...but having the settlement in hand at the same time would be nice "two-fer" benefit.
Otherwise, if you vacate due to lack of notice, you still have to deal with the potential re-litigation and legal expenses.
Just one idea.
IMO
@Anonymous wrote:If you believe the originating debt is valid, and you can pay the debt "no problem" then you may seek to settle and vacate all in one strategy.
Contact the plaintiff attorney and discuss lack of service, willingness to settle in exchange for motion to vacate. If they agree (get a settlement agreement), then you can resolved the debt and vacate the judgement. Make sure you get a copy of the motion to vacate as an exhibit to the agreement to settle. Make sure the settlement agreement stipulates plaintiff will not oppose the motion. The motion can be based on lack of service...but having the settlement in hand at the same time would be nice "two-fer" benefit.
Otherwise, if you vacate due to lack of notice, you still have to deal with the potential re-litigation and legal expenses.
Just one idea.
IMO
Message Edited by txjohn on 01-15-2010 05:20 AM
^ Ideal solution!
@06 & TXjohn
Thanks man. Just called the attorney, they will vacate judgement and get it off credit report as soon as payment is made in full. Im using my student loan to pay it off. its worth it, i graduate soon, and dont want them trying to garnish wages. And want to buy a house by the end of the year.
The guy was pretty reasonable. hes mailing the documents today.
You just saved me some money avoidnign the paralegal. Even though the interest they want me to pay is a pain. But its worth it.
Once i get the letter, ill retype it here, so you guys can tell me if its legit.
thanks.
LOL
I just love it when a plan comes together! (quote from Hannibal in A Team)