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judgement on debt

Date: Fri, 07/02/2010 - 16:38

Submitted by anonymous
on Fri, 07/02/2010 - 16:38

Posts: 202330 Credits: [Donate]

Total Replies: 2


We just got an order of judgement on a credit bill and we are enrolled with a debt reduction program, they say we have to pay 10% of my husband's wages starting this month we just got the letter yesterday, we did not recieve a summons about this, is this legal we are in New York State the last summons we got reguarding debt was last summer and we did file the necessary paperwork!


You really need to have an attorney review that if possible! It may be a legal judgement but what seems odd is that there is no garnishment ruling. At least from what you say! It sounds like you did not show up for a hearing and lost by default but that is only the judgement, not the garnishment! That would have required a deposition to determine your assetts! I am not a lawyer, it is only my opinion! I would strongly advise retaining an attorney!


lrhall41

Submitted by Frogpatch on Fri, 07/02/2010 - 17:21

( Posts: 5381 | Credits: )


Jantz, can you tell whether or not you received any notice regarding judgment on this debt? If you have not, you can file a motion to vacate this judgment. According to the Fair Debt Collections Practices Act, the creditor or collection agnecy is required to serve you a notice on the judgment, before the judgment can be issued. If they do not, you have 30 days to file the motion to vacate the judgment.

However, if you were not aware of the judgment, you can file the motion to vacate the judgment within 180 days from the date of discovery of the judgment. However, before you can do anything, first check out if the judgment has been listed there on the credit report. Also, consult an attorney regarding this judgment.


lrhall41

Submitted by SC on Sat, 07/03/2010 - 00:02

( Posts: 3937 | Credits: )