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judgement against me.


popsjenkins
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I received a letter from the Sheriff of Suffolk County that a judgment was placed against me for a debt I owed. It seems as if it was rendered in 2007 but I knew nothing about it. It was in the Suffolk county courts system but I lived in Connecticut at the time.

The initial OC was MBNA bank, a Credit card I took out in 2000 and probably haven't paid since 2001 (I was young and dumb). I was getting CA calls back in 2002 approx but haven't heard anything since. Now this letter comes out of nowhere saying It was ruled that I need to pay $380 a month until its paid off or they will start contacting my employer to garnish the wages.

I never heard anything about the court date or I would have showed. Am I completely screwed?

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I received a letter from the Sheriff of Suffolk County that a judgment was placed against me for a debt I owed. It seems as if it was rendered in 2007 but I knew nothing about it. It was in the Suffolk county courts system but I lived in Connecticut at the time.

The initial OC was MBNA bank, a Credit card I took out in 2000 and probably haven't paid since 2001 (I was young and dumb). I was getting CA calls back in 2002 approx but haven't heard anything since. Now this letter comes out of nowhere saying It was ruled that I need to pay $380 a month until its paid off or they will start contacting my employer to garnish the wages.

I never heard anything about the court date or I would have showed. Am I completely screwed?

You may or may not be "screwed".

You need to get a copy of the judgment and then contact the court were the judgment was awarded...find out how "service" was performed (i.e. if service wasn't proper and/or they lied you may be able to get the judgment vacated).

You need to prepare yourself for the eventuality that this judgment will "stick" and you'll have to pay it...if that's the case, I'd recommend that you try to work out a voluntary payment schedule so that they don't go after your bank accounts, pay, etc.

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I like to add on to what mr. Nashville has already post, you need to file a claim of

exemption with the sheriff's office check with your local court house and see if your

state offers that. In california the max amount of your disposable income they can

garnish is %25(exception child support and other special agencies). So with a claim of

exemption you can state how much you can afford or not afford to pay(you'll need to

include a financial statement) and while your waiting for your hearing date if any funds have been collected than all funds will

be placed on hold pending the outcome of your hearing and if you win then they'll be

returned back to you. And still get those court papers and file your motion to vacate the

judgment on the grounds that you were not served or had no knowledge of the existing judgment up until now.

When in doubt consult a small claims advisor, Naca.com, or a local state attorney in your area. Good Luck (I hate default judgments the hardest thing to get off of your CR)

(disclaimer: My opinion is just that no, sir no law being practiced here until I start charging an arm and legs for it. ):mrgreen:

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