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Affidavid Judgment ? Not fair!


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My court date was on Dec. 6, 2002, which was the day of the big snow storm in Maryland. I didn't show up and I just found out (by calling the court) that the Lawyer didn't either. He was able to come in on December 13th and get a affidavid judgment against me, whatever that is. I didn't know anything about the 30 day appeal period. I just assumed because I didn't show that he was able to get a default judgment. So I really didn't have a chance to defend myself. The SOL was up on this account in February 2000, so he really should not have been able to sue me. The papers he submitted to the court showed the last payment date as Jan. 2002, which is untrue and I'm sure this was done intentionally. My check was garnished in the amount of $2250, $74 over the judgment amount. It has since been satisfied. It's been over 15 days and the lawyer still hasn't reported it as such. And, there are two judgment listings on my credit report-one dated Dec. 1 and the other Jan. 1 and they are for the same debt. Is there anything I can do at this point? I read somewhere that you have one year from the date of occurence to take action if you suspect that you have been a victim of an unlawful attempt to collect a debt.

Thanks alot for your help!

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I would ask calLawyer, or try to get a hold of globalinternational(as a member not as a client).

I don't think there are too many people here on this board who know how to deal with judgements, we are good at the creditor level. I'm sure if you wait long enough someone will respond on this board.

Anyhow, you sound like you are the same kind of situation I was when I first got on this board, I also have a judgement.

What I found helpful was to pay approx. $25.00 to the local lawyer refferal (local bar association) and they are guarenteed to hook you up with lawyer to answer your question, at least you know where you stand and then can start doing some research on the issue. You can then break your problem down and ask questions here.

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You need to get a copy of the Court file and see what actually happened. Read the affidavit carefully and see if there are any misstatements besides the date of last activity. Look in your state's statutes and see if there are any grounds for vacating the judgment. Pay special attention to the possibility of vacating the judgment based upon fraud (the statute may distinguish between "extrinsic" and "intrinsic" but it may not matter based upon what you find in the affidavit.)

[Edit by calawyer on Sunday, May 11, 2003 @ 10:09 AM]

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