Every single day I talk to someone who had no idea a judgment was entered against them. EVERY SINGLE DAY. The first they hear about it is when their wages are garnished or their bank account is attached. It is usually devastating. Collection lawsuits are bad enough, but when you get torpedoed, usually by “sewer service”, it can literally knock you over. The stories are heartbreaking, not because the money is gone, but because of the very few things, you can do to correct it.
So What Can You Do When You Get Back Up off the Floor?
You have 4 basic options when it comes to judgments.
- File a motion to set aside (or vacate) the judgment. If successful, the judgment no longer exists and you should get your money back.
- File bankruptcy, which will stay everything to do with the judgment, including attachments.
- File a Claim of Exemption which is essentially asking for a court hearing date to contest the levy/garnishment.
- Last but not least, settle the case. In future posts I will go into detail on each of these options.
For now, what is best for you depends upon your individual circumstances and you should talk to a collection defense attorney experienced in these matters. Not every lawyer is well versed in these laws. It is entirely possible that not all options will be available to you. Timing is very very important. YOU MUST ACT QUICKLY when something like this happens. Nor can you expect much help. After all, your money is gone. And the judges are not very sympathetic. You need someone who knows the law and will fight hard for you. Fitzgerald & Campbell knows the law, will aggressively argue your case, and will work with you to get you back on your feet. Call us at (844) 431-3851 if you need assistance.