Default Judgement

[vV35Hszm]

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?

[Anonymous]

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.

[vV35Hszm]

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@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.

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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?

[JVille]

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.

[Anonymous]

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

[RobertEG]

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.

[vV35Hszm]

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@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.

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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. 

[Anonymous]

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. 

[vV35Hszm]

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@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. 

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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.

[Anonymous]

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.