Judgement on my CR -Not served. Now what?

[ygutie]

I received an alert on my CR that I had a Judgement, but I've never been served. I was told that it was from Wells Fargo who just charged my account off in Dec 06. I attempted to call in Jan 07 to make payment arrangements, but they were unreasonable. I then lost my job in Feb 07. Come to find out they put the judgement on my in Jun 07. They also sent it to a CA so I don't understand why they did both.

1 - Can I settle this? Is settling a Judgment unheard of?

2 - Do the same rules apply? 50 cents on the dollar?

3 - Who do I attempt to deal with on the settlement - Wells Fargo or the CA?

4 - I've sent a Validation of debt request to the CA, what if they come back and confirm the Validation?

I'm so lost on what to do. This is a huge amount 8K. I'm attempting to sell my car for half and hope to be able to settle, but not sure if that's possible or what if any my rights are. I need any help you can give.

Thanks!

[gweedoh]

I received an alert on my CR that I had a Judgement, but I've never been served. I was told that it was from Wells Fargo who just charged my account off in Dec 06. I attempted to call in Jan 07 to make payment arrangements, but they were unreasonable. I then lost my job in Feb 07. Come to find out they put the judgement on my in Jun 07. They also sent it to a CA so I don't understand why they did both.

1 - Can I settle this? Is settling a Judgment unheard of?

2 - Do the same rules apply? 50 cents on the dollar?

3 - Who do I attempt to deal with on the settlement - Wells Fargo or the CA?

4 - I've sent a Validation of debt request to the CA, what if they come back and confirm the Validation?

I'm so lost on what to do. This is a huge amount 8K. I'm attempting to sell my car for half and hope to be able to settle, but not sure if that's possible or what if any my rights are. I need any help you can give.

Thanks!

First thing you need to do is get a copy of the judgment. If you were not properly served the judgment should be vacated.

http://www.creditinfocenter.com/legal/VacatingJudgments.shtml

[bigjohnstud4200]

First thing you need to do is get a copy of the judgment. If you were not properly served the judgment should be vacated.

http://www.creditinfocenter.com/legal/VacatingJudgments.shtml

This is half right. You also need a defense otherwise the judgement will stay. You can't get a judgment vacated just b/c of service. You MUST also have a legitimate defense. From the sounds of it, you might be screwed. though.

[gweedoh]

This is half right. You also need a defense otherwise the judgement will stay. You can't get a judgment vacated just b/c of service. You MUST also have a legitimate defense. From the sounds of it, you might be screwed. though.

I was going on the premise that the burden of proof lies with the plaintiff. Scumbag CA's and OC's that "win" judgments by not properly serving a defendant do so because either they are lazy or they don't have proof to win a properly answered complaint.

In either case, if you file your motion with a defense as bigjohn said (you tried to contact them with no response, the amount they are claiming you owe is wrong, etc), you have nothing to lose.