merricksolo

Default Judgment - What Now?

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Greetings!

I've been reading a lot - thanks for all the time, energy and effort to help!

My employer's HR administrator called me in his office today with a wage garnisment witholding notice, based on a default judgement against me (Atty for one of two CAs (Global Acceptance & First Resolutions) claiming to collect on behalf of the OC. They claim to have served me a summons, but it was sent to an old address at which I've not lived since 2003.

From what I've read here, it's seems like once they reach the judgement stage (by default in this case), there aren't many options. I'm not denying the original debt and have actually begun paying off old accounts with OCs...I want to do the right thing.

What recourse do I have? Am I stuck paying this CA who doesn't even really have a right to collect on behalf of the OC?

HELP!?!

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If you were not properly noticed and this can be proven, you will get it vacated. You need to attack the notice, or lack thereof....NOW!

If you were noticed and you forgot or ignored, it....well.....that's another problem.

If they sent the notice by regular US Mail or means to not guarantee delivery, you could attack it that way too. Check your Civ Procedure rules and rules of court, etc. See if notice sent through the regular US mail has to be provided with a means for a return receipt or something of that nature. IF so, you can use that.

OTHER THAN THAT....

You would have to show good cause for not appearing in the first place. You could try to use all of the old fashioned acceptable ones: excusable neglect, surprise, mistake, etc.

Forgetting or "too busy" or something like that won't do.

GOOD LUCK

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