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Just found out about a two year old default judgement


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Hello all,  recently I found out by checking online that my Mom has a default judgement entered against her 2 years ago.  She knew nothing about this until I told her about it. She was never served any papers nor contacted by anyone regarding this after they got the judgement.

 

Questions -

 

1.  Is it too late to fight it?  

2.  Will consumer attorneys take cases like these?

3.  Why would atty. sit on a default and not attempt to collect?

 

I think Indiana's policy (and other states) to allow nail and mail service makes it really easy to get a sewer served default judgement against you without ever knowing about it.  It also happened to my Dad twice within the last 5 years.  He didn't find out about them until his paycheck got garnished.  The amounts were small and he did pay those off.  He' retired now and there is no more paycheck for anyone to take now.

 

I'm helping him with a current case now on the way to JAMS.  At least the attorney had the decency to actually nail it and mail it.  

 

I don't know what to do about the judgement against my Mom.  Her pension is at risk.  Should we let sleeping dogs lay?  It's crap one and $55xx.ish and I'm sure gaining a lot of interest.

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Guest usctrojanalum

Questions -

 

1.  Is it too late to fight it?  

2.  Will consumer attorneys take cases like these?

3.  Why would atty. sit on a default and not attempt to collect?

 

1. No it is not.

2. Probably, but with the balance of the debt being so low most attorneys fees could wind up being 50% of that bill.

3. No easily identifiable assets after the judgment was entered.

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usctrojanalum - thanks for the reply.  

 

Do you happen to know if simply going to the courthouse to get copies of everything will somehow trigger any actions from atty. or court to collect?  Also, does it usually cost very much to get copies?  For something that old, would I need to call ahead to have them get a file to be able to get copies?

 

 Sorry to ask you guys first instead of just calling the clerk, but I get very nervous and hate calling them unless absolutely necessary..

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