I have a default judgment, I was properly served. I lost the summon. It is almost 2 years old. I was told by Prepaid Legal representative that my only option is to pay this. Even if I find violation from the Collection Agency, I cannot sue through Federal Court as it is over 1 year. I cannot try to vacate in local court as it is over 180 days since the judgment and being I was properly served it counts as such. Anyone knows how I should start with my negotiation process? I cannot pay the whole amount not even 20% of it. I can probably pay 10% in a month or so. I am self-employed and will be hard to put levy on me as my bank balances are very low in the first place. I am judgment proof at this time, but I don't plan on being so for much longer. Any help will be appreciated.
There is no such thing as judgment proof. It may be hard for them to execute the judgment (very hard being that you are self employed), but they do have ways to collect. Paying is not your only option, but you are too late to try vacating or appealing.
What state are you in? Have you checked the garnishment laws for your state to see what they can do? Have you thought about a protected (online, virtual bank) account?
There are some options for you, but keep in mind, the collection attorneys can try and execute at any moment if they have judgment.
Hi Mark,
I am in California. I have ways of protecting against bank levy and such. I was hoping there is a way for me to pay off my debt (the amount that was not exagerrated by the colleciton agency and the original creditor) as an installment. I am however afraid to contact the lawyer who filed the judgment against me as he may not be fair and I may end up being harrassed.
