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Is this a conflict of intrest ?


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I was served by a collection agency via personal service from a sherriffs deputy and I did not file an answer. Was before I found these boards. They did give a default judgement and I filed an answer to the judgment with a certified check to the court so it is now paid and not yet on my credit report.

After examining everything I discovered that the attorney that sued me is also my fathers attorney. He has handled his wills, real estate, incorporating(which I am an officer of the corp and hes is registered agent),etc......

I really want to get the judgment vacates and collection tradelines deleted and no judgment on CR. Should I make a goodwill call to attorney nad ask that it be dissmissed/vacated since they have the $ now. If that does not work how can I reopen the judgement. It is magistrate court so they can not collect attorneys fees. If I reopen and it is paid can I have him dismissed as council for conflict of intrest?

PAR

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Conflict of interest complaints go through the Bar Association's ethics review board. I doubt you could use this to overturn the default judgment.

Overturning a default judgment when you were properly served and simply didn't show up (with no reasonable excuse) is going to be near impossible. The court simply looks at such things as a lack of respect for their authority.

Keeping it off your credit report is another matter entirely. Lexis/Nexis prowls through the courts looking for info and then sells that public info to the big CRAs. The lawyer likely will have no ability to stop it being reported. You may have to simply dispute it later and hope it gets deleted.

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