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Need advice regarding a default judgment / Attorney fraud

Date: Sun, 01/08/2012 - 13:37
Submitted by mdriveng on Sun, 01/08/2012 - 13:37
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I have an interesting situation. A few months ago I got a letter from my bank stating that the Law Firm of Foster & Garbus (Commack, NY) had entered a default judgment and was garnishing my account. Fortunately, it was an old account with nothing in it. I contacted an attorney, and even though I had never been served, didn’t live in the county the judgment was entered in, and no longer lived at the address the Firm claimed they had left the paper work at, the lawyer I hired told me I had no case to vacate the judgment, and that I should settle.
So, after a few week of posturing pack and fourth, the Firm I hired presented me with the following terms:
First, I write a check for $25K (original debt was $60K)
Secondly, the plaintiff release me from future liability of this debt
Lastly, the plaintiff agrees to vacate and remove the judgment so that it is not impacting my credit negatively for ten year
On the advice of my attorney, and with the understanding that I had no other options, I took the offer and cut a check.
Now, I come to find out these were never the terms the Plaintiff agreed to. The Plaintiff agreed to the $25K, agreed to release me from future liability, but never the third term, removing the judgment.

The lawyer I hired does not return any of my calls or emails, and though I have tried calling the other side’s attorney, they do not respond either.
At this point, I would like to know three things;
First, can I have the judgment vacated myself – even though I’ve satisfied the judgment? Mind you, I do not simply want a satisfaction, as this leaves the mark on my credit report for TEN more years.
Secondly, can I get the $25K back and renegotiate a lower settlement, given the fact that the settlement was obtained based on improper (i.e. I was never served and the settlement I agreed to was apparently never actually agreed to by the other side).
Lastly, do I have a case against the attorney I hired for fraud, given that he presented me with a settlement that he knew to be fictitious?
Thanks for your help,
Mdriveng


I have two emails from my attorney stating the terms of the settlement. In this, I am told that if I write a $25K check, the judgment will be completely removed from my credit report. I also have a satisfaction of judgment from their attorney stating the debt was paid.
My issue is I based my decision to settle on my attorney telling me that they would remove the judgment completely. I told him outright, that if this was going to be on my record for ten years, I would rather do a bankruptcy, which would only last seven.
Now I paid the settlement but the terms are not being fulfilled.
What can I do?
Thanks again for your help


Submitted by mdriveng on Mon, 01/09/2012 - 11:07

mdriveng

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[QUOTE]
My issue is I based my decision to settle on my attorney telling me that they would remove the judgment completely. I told him outright, that if this was going to be on my record for ten years, I would rather do a bankruptcy, which would only last seven.
Now I paid the settlement but the terms are not being fulfilled.
What can I do?
Thanks again for your help[/QUOTE]

Bankruptcy also stays on for 10 years.

As for the credit reporting, it is the COURT reporting the judgment, not the attorney. The court is not subject to any terms set by you and the attorneys. The court is not going to remove it.

FYI...next time you need to settle a judgment, skip hiring an attorney. You could have easily called and settled yourself.
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Submitted by SOAPLADY on Mon, 01/09/2012 - 11:33

SOAPLADY

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