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Default Judgment For Paid Debt - WWYD?

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Hi All,

So I just found out that I have a default judgment (was never served) for a debt I've already paid about 7 years ago. At this point, I'd like to quickest and easiest way to proceed as I have proof that I've already paid my debt through a collection agency (thank God). 

What I'd really like to do is avoid having to take off from work and going to court. With that being said should I?

A. Contact the creditor in writing with the proof of my paid debt?

B. Go to court to formally vacate the judgment and fight it?

Thanks in advance!

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Because this has been reduced to judgment, you are going to have to move the court to set aside the judgment on the grounds of improper service. If that's granted, the case resets back to the point when you're supposed to have been served, so then you file an answer stating accord and satisfaction as an affirmative defense.

It's at that point that I would then reach out to the debt collector lawyer with your proof of having paid the debt, and notify them that should they not dismiss the lawsuit for a debt they (now) know has already been paid, they will be in violation of the FDCPA.

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Hey there,

Here is how I would approach it:

1 - If there is an attorney listed for the judgment creditor: contact that office and provide the proof of the payment of the debt, request that underlying judgment be vacated. If they balk or refuse unfortunately you will have to go to court.

2 - If you have the means, hire an attorney to do this for you.  If you are in LI, NYC, or Mid Hudson Valley Region - I can recommend a few attorneys who charge reasonable rates.  You won't have to miss work, but you will have some attorneys fees to pay.

3 - If you must proceed pro se, and you have live in the five boroughs of NYC or Westchester there is an organization called CLARO that can assist you with pro se help in vacating judgments. If you live close enough to any of these counties but do not live in the county, CLARO can still help - just make sure to bring them a copy of your court file before you meet them.  (Google NYC Claro).  

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