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Default Judgement


jimstockj01
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I was sued by a company called Main Street Acquisitions for a good sum of money. I don't remember ever getting served but then received a judgement of default. These people have levy my bank account every time I open one. How can I fight them as I am unemployed and this has been a nightmare. I can't bank at all.

Any help would be appreciated.

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First you have to find out what is in the court file.  How much the judgment is for, when they got it, were you properly served, etc.  If the amount is significant enough the best solution might be filing BK while you are unemployed and simply wiping the debt out.  Then they cannot levy your accounts or garnish wages.  

 

If BK is not an option have funds deposited to a pre-paid debit or credit card.  Those are much more difficult for them to find and seize.

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Five years later you are unlikely to get the judgment vacated if they did use improper service but you have nothing to lose by trying.  Once a year has elapsed since the judgment many courts will no longer intervene absent outright fraud in getting the judgment.

 

What state is this in?

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Connecticut. They're saying that because I didn't pay the 35 dollars a week it is now all due. I tried to make some sort of arrangement with the attorney but they said they'd notate the notes but that wouldn't stop them from doing another levy.

 

Go back to the beginning with ALL the details.  Did you sign a consent judgment and agree to make payments then stop?  If you did then that is how they got the judgment.  If you default the do not have to sue you again to collect.

 

The attorney is correct they do not have to stick to the payments only and can continue to levy. If you failed to make or stopped making the agreed upon payments why should they trust you again?

 

At $35 a month with post judgment interest you will never pay this off.  You seriously need to speak to a BK attorney.

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I never signed anything. I ignored a lot of correspondence for quite sometime,(my ignorance) after an automobile accident that cost me my job as a tradesman. I couldn't afford to pay anything but to feed my family in the little amount that came into our house. The judge ordered the 35 dollars per week I guess as I cannot find any paperwork. But I do know that I never admitted or accepted any payment due.

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Okay, so the payments were court ordered.  Once you ignored that order all bets were off.  The chances of getting that judgment set aside now are zero.  First the court ordered the payments, you knew about them, and you stopped making them.  That indicates acceptance of the judgment.  Next, each time they levied an account you had notice of the judgment and didn't do anything about it then either.  That also indicates knowledge of it.

 

You ignored lots of correspondence one of which was likely the legally served summons.  Your only option to get rid of this now other than a large lump sum settlement is bankruptcy.  Sorry but it is five years too late to fight the debt now.

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