What Are My Odds in Contesting a Judgment?
No one enjoys the idea of getting into debt, and as it becomes a problem, it’s usually something that creeps up on us. No matter the income level, debt is something almost all of us must deal with. The larger the income level, the bigger the house, the car—and the debts. The stress is usually accompanied by the same question for all of us, however, as financial strain gets the best of us: how am I going to pay for all this stuff? And sometimes as we are teetering on the edge of financial chaos, the situation becomes further complicated by the loss of a job, a serious health issue, a relationship gone south, or other issues.
Before you know it, the letters are coming in the mail from creditors, and all those unusual toll free numbers are popping up on your phone as it begins to ring far too often. You may quickly just start to ignore the creditors altogether, along with their requests for your money. This is the point where you should call an experienced debtor rights law firm like that of Fitzgerald & Campbell, APLC so we can review your case and discuss options.
If you’ve already gotten to the point where a process server has knocked on the door delivering a lawsuit, you filed a response, and a judgment has still been entered, again it is time to consult with an experienced attorney in figuring out how to deal with the judgment further. If it has just been filed, you may have time to see the judgment dismissed due to compelling evidence in your response such as showing that process of service was not effected correctly or that there are errors in the lawsuit. This happens much more commonly than you might think, and having an attorney read through the documents at hand may be well worth your time, as well as examining the judgment itself to see if it was processed correctly. Although you could go ahead and satisfy the judgment or plan to have it discharged in bankruptcy, consider the benefits of preparing a thorough answer, disputing the judgment at the beginning. Considering the damage a judgment will do to your credit, there is no reason not to pull out all the stops.
If you did let the lawsuit and judgment go without answering or attending court, most likely a default judgment was granted against you. Still, months and even up to two years later, you or your attorney can file a motion to vacate the judgment or have it set aside. Again, it may be well worth your time to try to avoid having the judgment remain on your credit. If the motion is granted, you can then move forward to contest the case, and possibly even win. At any rate, you will find that you have more options for resolution and room for negotiation with creditors on the debt, along with breathing a sigh of relief in knowing that they are no longer able to levy money from accounts or wages or put liens on property.
If you are dealing with a creditor lawsuit or a judgment, let the attorneys at Fitzgerald & Campbell, APLC review your case and explain your options to you. Our attorneys have many years of experience in representing clients in creditor lawsuits, as well as filing motions to vacate judgments. We are here to help you! Call us today for a free consultation at (844) 366-8693, or email us at firstname.lastname@example.org.
Posted in: Judgments