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Help with Judgement..Begging! (UPDATE!!)

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Valued Member

Help with Judgement..Begging! (UPDATE!!)

Asset Acceptance received a default judgement against me in 2004. I am a subcontractor, but work for the same people everyday, technically not an employee though. The Court Officer just came to this place of business to have my wages attached. My "employer" told them that I am technically not an employee of the company, but a free lance subcontractor. I wasn't even aware that I had been sued or that a judgement was ordered in the case. What can I do? Is the judgement too old to fight? I don't even know what this is for. PLEASE HELP ME! Thanks!

Message Edited by Saffyreblue on 07-16-2008 09:01 AM
Message 1 of 9
8 REPLIES 8
New Visitor

Re: Help with Judgement..Begging!

What state are you in?  Most states have that info online nowadays.  To get a judgement against you, they would have had to "take you to court" and you would have to been served.  However, if the address that was given to them was no longer valid, they would have to serve you by publication, at least it works that way in Arizona, give or take a few steps...  If you can prove nothing changed in your address and they didn't make an effort to have you served, you can fight it and have it thrown out, but it's not going to be easy, but worth a shot if you can prove it.  I had a collection agency for my ex-fiance report a 5 year old collection, claiming they sent a letter to the address they had on that file, which was a different State, but when I pulled his credit (which is how I found the collection) they had done an inquiry (which is VERY common for collection agencies to determine if it's worth pursuing) and I called them out on it pointing out they knew his current address and should have sent the letter to it, but was being sneaky!  They removed it from his credit report and then he settled it with them. 
 
If you are a subcontractor, do you file a 1099 for taxes?  If so, then they can't attach your wages from the contractor you work for, technically you are self employed.  Again, that is how it works in Arizona.  What state are you in and I can do some research or give you some links to look through...  Court in general is public information, so anyone with a name can look that info up.
Message 2 of 9
Senior Contributor

Re: Help with Judgement..Begging!

You should be able to request the court documents, which would include ALL information pertaining to the judgment. Are you local to the originating court?

I would start there.

Without more details, I don't know that anyone can help you.

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Hubby's FICOs when we started: high 400s (June 2008)
Hubby's FICO NOW (04/06/09): TU: 679 EQ: 608 EX: ???
My FICOs: TU: 643, EQ: 606
Closed on new home: 1/20/2009 -- If we can do it, YOU can do it!!

Message 3 of 9
Moderator Emeritus

Re: Help with Judgement..Begging!

Contact your courthouse....get a certified copy of the judgment!!  look for how you were served.....check state law as to what is proper service.
 
If you were not served OR it isn't yours.......ask what you need to do in order to have it corrected!!
 
You might need an attorney.....if you do file a counter suit & make them pay for everything.
 
Message 4 of 9
Valued Member

Re: Help with Judgement..Begging!

Thank you for the help. It's in New Jersey. I'm told that the law in NJ is that they have to send it certified, and by regular mail and that is considered "properly being served". Inquiries only stay on reports for 2 years, and this was from 2004, so I can't prove that they deliberately sent it to the wrong address.
Message 5 of 9
Valued Member

Re: Help with Judgement..Begging!

Another question. If I actually owe this money, I will pay it. Should I contact the OC or their lawyer to find out what it is for? Or is this a NO NO? After further investigation, it may be an account that I thought my grandfather paid for me, but he is dead now, and the records are long gone. Can I tell them that I wasn't aware of it, if it turns out to be valid, and offer to pay them if they have the judgement removed or withdrawn? They obviously aren't going to be able to garnish my wages, so maybe this would be incentive for them to get paid? Thanks.
Message 6 of 9
Valued Member

Re: Help with Judgement..Begging! (UPDATE!!)

So I just received a letter from the NJ Division of Revenue that Asset Acceptance LLC was NOT bonded in the state of NJ when they sued me and received the default judgment. Is this grounds to have the judgment vacated at all? In NJ, a collection agency does not need to be licensed, but they do need to file a $5,000 bond in order to collect. If they weren't legally allowed to collect from me in NJ then were they legally allowed to sue me for non-payment as they are a collection agency? Anyone? Thanks!!!
Message 7 of 9
Moderator Emeritus

Re: Help with Judgement..Begging! (UPDATE!!)

Nothing can stop them (or anyone) from sueing you, but your defense is that they were not bonded and therefore couldn't take any collection activity.  I suggest you get an attorney who specializes in consumer issues, specifically debt collection (try www.naca.net) and see if you can get this judgment tossed.  Good luck, and let us know what happens!
-----------------
Bartender, bring another round of FICOtinis please!

9.4.2011: TU 805. EQ 815.
Message 8 of 9
Moderator Emeritus

Re: Help with Judgement..Begging! (UPDATE!!)

I would get an attorney.....first IF they were to send summons by certified......you didn't receive it for ANY reason.......you should be able to get the judgment vacated!    This can be done by you     by notifing the court that you were not served under state law...........it will go to court!
 
I would not do it myself although it is said to be easy.......to me it is worth it to have someone do it that knows how to do it. There are formes that need to be filled out & submitted...................you might be able to counter sue....an attorney can let you know.
Message 9 of 9
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