Default judgement help please
Date: Wed, 03/25/2009 - 20:43
Husband had a nasty divorce in 1998 and there were some unpaid bills from that time. In April 2006 he was served with summons and complaint, but didn't understand that he had to answer, was waiting for notice of court date. In August 2007 a default judgement was entered against him. He has assumed that it's for a GM cc. We are in MN and the Sol is 6 years. I recently found a Credit report from 2003 that shows DLA as 1998 on the GM card.
Judgement was granted to Palisades Collection LLC Assignee of HRSI. A google search looks like HRSI is a healthcare collector. Hubby just told me tonight that the ex-wife tried to use an old insurance card in 2001 for a surgery, so maybe this has something to do with that?!
Should he send them a validation letter? We need to get this taken care of but am worried that they may garnish or freeze accounts if we contact them. Anyone have any ideas where to start? Thanks
After getting a judgment, I think that there is no use sending a
After getting a judgment, I think that there is no use sending a debt validation letter because the creditor already got the judgment by default. Now, since the SOL in MN is 10 years on judgment, they can recover the debt anytime within this period. So, if you do not want to file bankruptcy, just wait for the creditor to take the first step because you cannot stop them from garnishing your account.
Contact the court of record and obtain a copy of the case file.
Contact the court of record and obtain a copy of the case file. The bad part here is that you ignored a summons and a default was entered in against you. BK is an option but I would first consult with a NACA atty in your area. Sounds like this could be considered a case of fraud and/or IDT by the ex-wife. www.naca.net
I was at the court house and got a copy of the judgement papers
I was at the court house and got a copy of the judgement papers but they don't give us any information as to what this debt was for. Will the case file have more info than the summons and complaint?