Please Help with Credit Card Judgement

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jnghiem005

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I received a letter in the mail the other day from my bank with an order to garnish my bank account. I never knew about this judgement due to fact that it was place in 2003, and i moved to a different residence in 2002(same city). THis judgement is for a credit card debt of $1100 that was sent to collections in 2001. Can anybody give some advise how to deal with this. Do i have any legal grounds to fight this judgement on grounds of SOL, or vacated due to improper summons? I know the ideal thing to do is hire a Lawyer, but with the judgement being $1800( $1100 principle + 7 years of interest) I figure the cost of lawyer would be the same amount. Any help would be appreciated. Thanks
 
The real question is do you owe the money? If you do there is nothing to do. SOL doesn't apply to a judgment. If you open the lawsuit claiming there was no service, you are just going to have to appear and face the paperwork with your signature on it and you will have a brand new judgment. Either way you aren't going to win. I would contact the attorney who has the judgment and work out a payment plan. You can't just leave when you owe money. It eventually catches up with you. Good luck.
 
jharris352 said:
The real question is do you owe the money? If you do there is nothing to do. SOL doesn't apply to a judgment. If you open the lawsuit claiming there was no service, you are just going to have to appear and face the paperwork with your signature on it and you will have a brand new judgment. Either way you aren't going to win. I would contact the attorney who has the judgment and work out a payment plan. You can't just leave when you owe money. It eventually catches up with you. Good luck.
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I'm pretty positive that i never saw/signed anything regarding a judgement in 2003, I even looked on my credit report the other day and there nothing regarding this case on my CR. Say i do get this judgement vacated, can the creditors pursue another judgement even though in Cali SOL for collecting a debt is 4 years?
 
Have you verified that there is in fact a judgment? Just because the letter says so does not mean there is one.
I suspect the letter is asking you to provide bank information so that they may make withdrawals? If so, it's a scam.
If you have nothing official that convinces you that there is a judgment against yuo, write them back and demand a copy of the judgment. This will show you the court that issued it, the date, and the amount awarded.

As long as there has been no activity on the account they will not be able to obtain a new judgment... nor would they need one if they already have one.
 
mightymoose said:
Have you verified that there is in fact a judgment? Just because the letter says so does not mean there is one.
I suspect the letter is asking you to provide bank information so that they may make withdrawals? If so, it's a scam.
If you have nothing official that convinces you that there is a judgment against yuo, write them back and demand a copy of the judgment. This will show you the court that issued it, the date, and the amount awarded.

As long as there has been no activity on the account they will not be able to obtain a new judgment... nor would they need one if they already have one.
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Looks pretty legit. The letter was from my actual bank, not the creditor. THe letter also came with a copy of the court document of the judgement. What would happen is that account w/ the judgement has no money in it. The bank account was created 4-5 months ago, for the purpose of transfer money. Don't need the account anymore, so there is never money in that account. And i guess the creditors have been checking my CR ever couple of months because right when they saw that bank account on my CR, they when right after it. I have a main bank account for a number of years now but they haven't touch or seen that one yet only because that account does't show up on my CR. The only thing that has happen to my judgement account is the bank charged a $100 legal fee. Other than that, nothing. SO my question is, since there is no money is that account, what happens? Or what if i just close that account?
 
You can legally close your account.

If you no longer fund your account, there is nothing more to be taken.

Eventually, if you fail to fund the account, the bank will close it anyway.

In the interim, it could accumulate fees.






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So since there is nothing in the account and the judgement is not on my CR. Should i just ignore the judgement, or should I try to get this judgement vacated? I would love to hire a lawyer, but the judgement being $1800, i'd figure a lawyer would cost close to that amount. Or am i wrong?
 
jnghiem005 said:
So since there is nothing in the account and the judgement is not on my CR. Should i just ignore the judgement, or should I try to get this judgement vacated? I would love to hire a lawyer, but the judgement being $1800, i'd figure a lawyer would cost close to that amount. Or am i wrong?
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Who knows what a lawyer in your area will charge.

Why not inquire and see what develops?
 
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