OneHeero Posted September 29, 2010 Report Share Posted September 29, 2010 I live in Texas, I've been reading through these forums for a few days. Awesome info and I cant believe alot of this stuff can be done by myself Nonetheless, I recevied a default judgement via LVNV for around $1800. The OC had to be BOA. I have never done a DV or anything before. I didnt show up to the court date etc. Blame it on my ignorance. Now I was ready to call up LVNV and basically try to settle my debt, but once I started doing research I saw so many problems with LVNV so I didnt want to go in blindly. I'm wondering what the best thing to do is since I have a default judgement. I had received a letter to settle for like $1100 last year. Is it true that they cant request more than $1100 now? I ask because I have a friend who does this on the side and she told me since they offered to settle for $1100 they cant try to come at me for me(doesnt sound true). Any info on how I should proceed would be great. I should be providing more info but unfortunately I left my papers at home and I'm at work really getting into these forums. I'll go home for lunch to pick up the papers(CR and letter cllecting debt). Could I file a motion to vacate the judgement? I dont want to and then not have to pay the debt. I assume its legit as it matches up with a old BOA account I had when I was looking at my CR. Although I think LVNV usually bs their stuff and while I may think its possible to have the judgement removed I dont know if thats the best thing to do without getting better information.If I can have the judgement removed and still pay the debt(if its legit) that would be great. I'm under the impression that even paying the debt the judgement remains and just shows settled. What kidna info would u guys need to better assist me? Link to comment Share on other sites More sharing options...
Massive Posted September 29, 2010 Report Share Posted September 29, 2010 If LVNV does not have evidence that they own the debt (and they never do) then I would file a Motion to Vacate Judgment. Even default judgments must be "proved up" when challenged. Don't let anybody tell you different. Link to comment Share on other sites More sharing options...
FL4answer58 Posted October 7, 2010 Report Share Posted October 7, 2010 (edited) If LVNV does not have evidence that they own the debt (and they never do) then I would file a Motion to Vacate Judgment. Even default judgments must be "proved up" when challenged. Don't let anybody tell you different.I agree with Massive - file a Motion to Vacate Judgment ASAP, before your RCP.s limit you on time.Go your states Rules of Civil Procedure and research the 'judgment' section. Find out how long after (date from judgment until now) until you waive your right to motion. Edited October 7, 2010 by FL4answer58 Link to comment Share on other sites More sharing options...
Recovering Attorney Posted October 13, 2010 Report Share Posted October 13, 2010 Remember tha if you seek to vacate a default, and you were properly served, you need to show both a reasonable excuse for not answering as well as a meritorious defense. Link to comment Share on other sites More sharing options...
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