Comments on: What is a Default Judgment? How Does it Affect your Personal Finances?

By: Ken

Ken — Fri, 12 Mar 2010 04:38:03 +0000

If the judgment was discharged in a bankruptcy case, Will the judgment still remain on the credit report? In 7 years or whatever the time limit is, can the plaintiff file another lawsuit for the same reasons even if it were discharged in the bankruptcy? TIA!

By: pat

pat — Sat, 06 Mar 2010 03:24:17 +0000

in 2002 i was served with papers to go to court for a reposessed car. I was in state prison “california” at the time, so I could not get to court. they expect me to pay them 19,000 dollars for a car i was only paying 12 for ,and they sold at auction for 850.00. the transmissin went out on the car at 60 thousand miles and ford wouldnt grant warranty for said vehicle. any way since i have proof that i was in prison and could not be in court to plead my case ,can i have this judgement overturned after 8 years ?

By: Mandy

Mandy — Thu, 25 Feb 2010 21:54:41 +0000

Thank you Evan, I appreciate your time and help. I think I will head straight down to the district court office to figure out what is included with my case and see if there is a way for me to do this pro se.

By: Evan

Evan — Thu, 25 Feb 2010 19:15:19 +0000

It all depends on the information you find when you pull your case. I have found on smaller stuff like this it may be useful to do it pro se (on your own in latin talk). Most courts have a pro se dept filled with lawyer to help you out.

That being said, it is always helpful to talk to an attorney that knows the facts of your case.

By: Mandy

Mandy — Thu, 25 Feb 2010 17:50:11 +0000

Thank you for your advice Evan. I understand that it can’t be construed as legal advice, but I appreciated your expertise non-the less.

I live in another state now, but will be going home to visit very soon. I will head strait to the district court to find my case with lots of quarters. Do you think this is something I should speak to a lawyer about or do you think this is something I can handle on my own? Just in your opinion of course. If I do need to speak to a lawyer, do you know what kind of lawyer I should speak with?

By: Evan

Evan — Thu, 25 Feb 2010 01:24:32 +0000

Right off the bat, nothing said can be construed as legal advice…with that out of the way,

I would get my butt to the county clerk’s office or district court (no idea what state you are in) and find your case! Bring lots of quarters and make copies of everything and then you can see where the judgment came from, and your options.

By: Mandy

Mandy — Wed, 24 Feb 2010 20:44:49 +0000

I just pulled a copy of my credit report and found a civil judgment for $2,400 from an apartment complex I walked away from back in 2005. The judgment was not there last year when I checked my credit and I never received any notice or court documents. I only had three months left on my lease, but at the time I had to walk away. I was recently married and we were just started looking into buying a house. Is there anything that I can do? I am willing to pay the balance in full, however I am worried that if I don’t educate myself on every option, I may miss something. I understand that the debt is my responsibility, but I am nervous to go about this situation in the wrong way and be stuck with the Public Record if there is a way to satisfy the debt and still have it removed from my report. Thank you in advance for your advice.

By: Evan

Evan — Thu, 11 Feb 2010 17:32:06 +0000

Usually the Court will ‘urge’ the attorney to work with the debtor. I know you are hard up for money, and I am not sure the amount of the debt, but be very careful before you sign anything. You also may want to contact Miami Univ Law school and see if they have a free law clinic.

By: sick in miami

sick in miami — Thu, 11 Feb 2010 17:15:12 +0000

Evan, thanks..I am going to go face the music…I am Florida…Is it possible the courts will work with me on a better payment plan? I contacted the collection compnay and they wanted a 20% down payment that I dont have

By: Evan

Evan — Thu, 11 Feb 2010 17:00:48 +0000

Sick,

DO NOT IGNORE THE SUMMONS AND COMPLAINT! Opening up a default judgment is a much bigger pain in the butt than it is to try and defend. I understand your fear but not showing up is a horrible idea.

Also you should put in an Answer. Most clerks will help you draft a denial