Need advice negotiating Debt/ vacating default judgement

[debtbegonealrdy]

Thank you in advance for answering my questions.

I received a complaint/summons 11/08 from an old credit card debt. the Amt was $2270. I was goining through some major stress at the time due to family illnesses, and did not answer the complaint(yes, in hindsight I know that was stupid!).

I did not receive any other formal contact from the CA prior to this. I did try and contact them and deal w/ them ,directly after the summons but the payments they would "accept" were still way too high for me to afford. I received a notice of default judgement for $2701 in June and have since filed a noitce to vacate the default judgement and have a court date 8/18. In the motion to vacate I stated that I have asked for proof of ownership of the debt, and the amt, but it was never received, so that had hindered my from answering the original summons accurately.

In the mean time, I have asked the CA again to validate debt, and have received no response. I contacted the original BANK/credit company and they said they sold the debt to company "ABC" and the lawer says he represnts another compay.(which may/may not own company "ABC"). After doing some digging I found out that the lawyer actually owns part of the company he is "representing". Which does not seem just to me?

I really need some advice as to what to do/what the best way to proceed is. I am a SAHM, and have 2 children at home. I have no income of my own, and If I did get a job all if not most would go to daycare costs. The card was in my name only... If in fact this CA the lawyer reprsents does own the debt I am willing to work out some kind of arrangement, but I cannot afford more than $100-125 per month. Can they garnish my husbands wages if he was not listed on the acct.(we were married at the time)? I am so afraid they will freeze our bank acct. I cannot sleep I am so stressed.

Should I wait and go to court and see what the judge says, or should I try and contact the CA/ or Lawyer directly and try and work out another payment option? What are the chances the judge will vacate judgement, what should I bring to court w/ me? What would be the best legal option for me to settle this?

PLEASE!!! Any legal advice would be extemely helpful and greatly appreciated!

Thank you again for your time and patience in reading this post1

 

[dee_dub]

fter doing some digging I found out that the lawyer actually owns part of the company he is "representing". Which does not seem just to me?

There is nothing illegal with the lawyer owning a company that purchases debt and representing that company. It's probably not against your local lawyer codes of conduct either.

If in fact this CA the lawyer reprsents does own the debt I am willing to work out some kind of arrangement, but I cannot afford more than $100-125 per month. Can they garnish my husbands wages if he was not listed on the acct.(we were married at the time)? I am so afraid they will freeze our bank acct. I cannot sleep I am so stressed.

They can go after funds in a joint account. They may ultimately not be entitled to them if you can prove they are your husband's, but you really don't want to find this out the hard way. The solution is, don't keep your funds in a joint account. Have your husband's pay deposited to an account in his name only. As your husband is not a creditor, they should not be able to garnish his wages.

Whether the original judgment will be vacated depends on whether the debt can be proven - but without knowing what the evidence is, that's pure speculation. I would speculate that it can be proven, and will not be vacated - otherwise the lawyer would be a fool for buying it.

Working out some kind of payment arrangement is your best bet. Good luck.