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Handling a judgement

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bolkadot



Joined: 13 Mar 2010
bolkadot's page
Posts: 1



41 Magic Points

Subject: Handling a judgement
 
Posted on Sat Mar 13, 2010 1:06 pm  

In 2008 my husband was contacted numerous times by a collection agency for a debt originating in 1989 from his previous marriage. This debt had been paid in the early nineties and he did not have the supporting documentation. In August he was served with papers stating that a law firm was seeking a judgement on him. We are in NC. He contacted the agency and told them that he would appear in court to dispute the debt. There was no court date on the papers served and he was never notified of the court date. In November he rec'd notice of default judgement. The original debt was 800.00 and has now bloomed to 2400.00. According to a local atty we have no choice but to pay the debt. We realize the mistakes made. We never asked them to verify the debt before the judgement. We did not contact the Clerk of Court to dispute the judgement. We are aware had we done these things we would likely not have to pay this debt. We are now being asked to fill out a notice of right to have exemptions designated. We do not have 2400.00 and have very little in the way of saleable possessions that could be seized. My husband is unemployed (has serious medical conditions) and I make about 34,000 a year.

Can I try to settle with the agency? I could probably come up with about 1200.00. According to them - if I make payments, I must pay the full 2400.
NightStar



Joined: 10 Mar 2010
NightStar's page
Posts: 142
Location: Illinois


3176 Magic Points

 
Posted on Sun Mar 14, 2010 4:50 am  

Yeah, I know it is a little late for this, but when you know a company is moving in to file a judgment, they usually go for the court house local to you. Your husband should of kept calling the local court house to ascertain the exact court date on this judgment.

You said the debt was from around 1990. What type of debt was this? Some debt has a long statute of limitation but I would of thought this late that your husband might of had a legal defense that the debt was time barred.

Open Acct.: 3
Sale of Goods: 4
Written Contract: 3
Domestic Judgment: 10
Foreign Judgment: 10

You have two points of dispute on this account, you paid it but can't prove it, and it is so old it should of been thrown out.

He needs to go to the court house and ask the clerk how to file for a motion to vacate the judgment. If it is not too late to do so. I just know that much that it might be dismissed if disputed. I just don't know the ins and outs of actually doing it, maybe someone can come in and post on exact method.

You said your husband has some medical problems, had he thought about applying for disability? I have and once I was approved for disability - the judgment no longer mattered, the disability is exempt from garnishment. He might try that route. The judgment will last for 10 years, sometimes they can be re-newed for additional 10 years, but I don't see that listed for North Carolina. It is here in Illinois though.

If you are working and he is not, then I would get his name off of your checking account if it is joint. Because they will walk right in and take what ever is in the checking account assuming that part of his money is in there too. And if you file for injured spouse, they may only return half of the money instead of all of it. I had that happen when my ex-husband owed child support, they just assume to split the money in half for each spouse.

Hope this helps, Thanks
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Aaron

Aaron

Joined: 08 Feb 2010
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Posts: 2632



48565 Magic Points

Subject: judgment on old paid account
 
Posted on Mon Mar 15, 2010 4:53 am  

Hi bolkadot,

North Carolina is not a community property state. Thus, you can't be considered for the debt incurred by your husband. As Nightstar has suggested, you can take out the name of your husband from the joint accounts.

However, you can vacate the judgment on the basis of the Statute of Limitations (SOL), as you don't have a proof of the payment. You can go to the court where the judgment was filed, and request the court clerk to provide you with a form to file the motion to vacate the judgment. The SOL depends on the state where you live and also on the type of account. So, first check the SOL of your state.

Hope this helps.

Regards,

Aaron
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Vanessa
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Subject: Credit Card Judgment
 
Posted on Wed Jan 05, 2011 11:19 pm  

My credit card payments became behind in November 2009. I have been on disability since 2006. I am unemployed. I have very little cash on hand. April 2010, I called the credit company to see if I could pay a lower payment each month. I was refused. June 2010, I sent them a hardship letter with my income and my debts. I was told that they would make a decision about my account. August 2010, a representative called and said they still had not made a decision about my account. January 5, 2011, I get a judgment . What can I do?
Vanessa
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Subject: Credit Card Judgment
 
Posted on Wed Jan 05, 2011 11:21 pm  

My credit card payments became behind in November 2009. I have been on disability since 2006. I am unemployed. I have very little cash on hand. April 2010, I called the credit company to see if I could pay a lower payment each month. I was refused. June 2010, I sent them a hardship letter with my income and my debts. I was told that they would make a decision about my account. August 2010, a representative called and said they still had not made a decision about my account. January 5, 2011, I get a judgment . What can I do?

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