How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask cfortunato Your Own Question
cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
14232603
Type Your Bankruptcy Law Question Here...
cfortunato is online now
A new question is answered every 9 seconds

I have received a judement against me a few years ago (did

This answer was rated:

I have received a judement against me a few years ago (did not show because I was not served personnally-judement by default) for a hospital bill for a few thousand dollars. I have not heard anythinhg from either the attorney or the hospital sine the judement issued. If I need to settle this judement for an offer of 1/2 or 2/3 of judement amount (or should my offer be 1/2 or 2/3 of the original bill-excluding interests and legal fees-). Who should I appraoch, the attorney or the hospital for a better chance to settle? What are the possible outcomes if I approach the hospital? What are the possible outcomes if I approach the attorney? What are the possible outcomes if I do nothing-as the saying goes: let the sleeping dog lay)? Will the judement expire in 10 years? What is the chance of either the attorney or the hospital will renew the judement for another 10 years after the judement expires?

Hi JACustomer,

You have a lot of leverage for a settlement, because it is not too late for you to go to the court that issued the judgment and get the judgment vacated based on the fact that you never received the papers. This is the preferred route.

However, if you want to attempt to settle, you can expect the judgment holder to accept 1/2 of the entire judgment amount (including interest and fees), and you should approach the lawyer handling the case.

There would be no significant advantage to trying to settle now, versus at some point in the future - perhaps if and when there is a collection attempt.

The judgment does expire in 10 years, and there is a good possibility that it will be renewed. However, it must be renewed before it expires.

I think I answered everything. If not, please let me know.

Thank you!

 

Customer: replied 6 years ago.
Thank you very much for the answer. Should I send the attorney a note with a cashier check or should I call first? Can I say in my note: Please accept this cashier check to settle the judgement & remove the judgement from my credit history-however, by cashing this cashier check you have agreed to settle & remove the judement from my credit history"
Customer: replied 6 years ago.
Thank you very much for the answer. Should I send the attorney a note with a cashier check or should I call first? Can I say in my note: Please accept this cashier check to settle the judgement & remove the judgement from my credit history-however, by cashing this cashier check you have agreed to settle & remove the judement from my credit history"

The law firm can cross off the language, "by cashing this cashier check...", cash the check, and you could still owe the balance. There is nothing to be gained by sending a check before contacting the law firm.

cfortunato and other Bankruptcy Law Specialists are ready to help you

Related Bankruptcy Law Questions