Credit Card judgement against me. Need help!!?

Question

I have a judgement against me. This judgement was made back in 1998. Just notified a week ago. Collection is being handled by a third party collection agency. We rent our house. Can they take my cars which are owned by the bank for a couple of more years?

Answer 1

First of all, they can not take your vehicles, you do not own them, the bank does (they hold the title).

Second, were you aware of this judgment.  If you were not served properly you can request the court verify that you were served properly. If you receive a notice that a default judgment has been issued against you and you were not aware of the court date, immediately go to the court and request copies of all the paperwork.

Look for mistakes and misinformation, especially on when and how you were notified. If you believe you were not given "due process" then you can file a motion for rehearing or motion to dismiss with the court.

If you can prove that you were not given due process, the judge must consider your circumstances. It's possible to have the case dismissed. Unless you are very comfortable with filing pro se (by yourself) I highly encourage you to discuss your case with an attorney well versed in credit and debt consumer law.

Last but not least, if this is a legitimate judgment then your state laws would apply as to what recourse they have i.e wage ganishment and the amount they can garnish.

Here is a link to locate state laws

http://www.bcsalliance.com/statute_of_li...

Hope this answers your question

LEGAL DISCLAIMER:  The advice contained herein is for informational purposes only.  It is not to be construed as Legal Counsel nor Legal Advice.

NOTE TO STUDLY! I did read the question!!! he asked about his vehicles not the judgment!!! so read my first line.

Answer 2

no --a garnishment is more likely

Answer 3

If you are current, then they can't take your cars.  The most they can do - if they already have a judgment, is garnish your wages.  You could contact them and offer a settlement - make if 50% of whatever you owe, instead of arranging payments.

Answer 4

Sarge, I do appreciate your efforts, but you need to read the question carefully.  The judgment is from 1998!  No judge is going to spend three seconds listening to an argument about a bad service!  Trust me....I've been serving processes for several years.

To answer this question though....you need to look at your state law and find out if the judgment has expired.  Every state has a time limit in which the creditor must collect on a judgment.  When they expire they must file to renew it.  Most states do not last more then 10 years, so yours may be expired.  Check this out before you proceed.

Note that many of these collection agencies buy up debts that may not be legally collectible, but they depend on your lack of legal knowledge to collect on them.