kiloecho Posted October 8, 2004 Report Share Posted October 8, 2004 has anyone ever dealt with Clontz & Clontz? They say they are a law firm. My hubby had a default judgement filed against him just before we were married and he can not figure out who the original creditor is. He thinks it is from a CC that he hasn't had any dealings with in 5 years and he thinks the amount was for somewhere around 5k. Well the judgement is for 7800 and according to clontz and clontz he now owes over 11k (the accrued interest). Apparently the total just keeps adding up everyday and in my opinion is usurous. They sent all of the paperwork to the wrong address and that is how they got the default judgment. Now they are sending certified mail to a current address (the mail person just leaves a slip in the mailbox...it is never signed). What should be done? I mean a default judgement means you are screwed right??? How do we find out who the original creditor is? He is self employed and making no money(that can be traced anyway) what so ever and he owes the IRS too. Any advice?? Should he settle? Threaten BK?? Link to comment Share on other sites More sharing options...
Fade to Black Posted October 11, 2004 Report Share Posted October 11, 2004 You would have to contact the court where the judgement was granted to find out who the plaintiff was. If you cannot get the judgement vacated, you must either pay it or file BK to make the financial obligation go away. Link to comment Share on other sites More sharing options...
DocDon Posted October 11, 2004 Report Share Posted October 11, 2004 Fade to Black is right. You need to find out who the OC is and when the judgment was filed.Clontz & Clontz is a law firm in NC. The SOL for open accounts is 3 years in NC (assuming that's where you reside). Question is whether you can get the judgment vacated if they filed suit after the SOL expired (them knowing full well there is such a thing as an SOL). Link to comment Share on other sites More sharing options...
kiloecho Posted October 12, 2004 Author Report Share Posted October 12, 2004 I think it was after the three years. When does that clock start ticking? after the last payment was made?? If it is legit, can you settle for oh, perhaps the original amount?? Default Judgments should be illegal.My hubby needs major credit rehab and it may be in his best interest to file BK and just start over. Link to comment Share on other sites More sharing options...
DocDon Posted October 12, 2004 Report Share Posted October 12, 2004 I think it was after the three years. When does that clock start ticking? after the last payment was made??Yes. Link to comment Share on other sites More sharing options...
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