cfortunato : Hi - my name is XXXXX XXXXX I'm a Consumer Protection attorney here to assist you.
cfortunato : In general, a creditor must first go to court to get a judgment before attaching any bank accounts.
cfortunato : Did you you know about the court proceeding that resulted in the judgment the collection agency used to attach your bank accounts?
Customer: The papers were served to one of my kids at my house. I saw it and since there wasn't an actual judge's signature and just a stamp, I assumed it was a scare tactic. Statute is about to run out. I don't want to reset this thing by making payment arrangements and end up with a negative credit report for the next 5-7 years.
cfortunato : Are you asking about the Statute of Limitations for going to court to get a judgment, or the Statute of Limitations for the amount of time a creditor has to collect a judgment once the judgment is issued?
Customer: Statute of limitations for the amount of time a creditor has to collect a debt, period....actually, I am pretty sure in Montana it's 5 years. What my question is, is that I'm about 4 and half years delinquent. With having only 6 months to go before this debt rolls off of my credit report, am I going to reset the whole thing by making an agreement with this collector?
cfortunato : If the creditor already got a judgment, making a payment arrangement will not re-set anything.
cfortunato : Re-setting is in reference to the amount of time a creditor can go to court to get a judgment.
cfortunato : Once a judgment has been gotten, the Statute of Limitations no longer applies for getting a judgment.
cfortunato : But the creditor then has 10 years to collect the judgment.
Customer: Ok, so agree to their terms then because what I'm understanding from you is that it's going to reflect on my report for the next several years anyways. It has to be paid off in order to get it removed, eventually. I had this happen many years ago with a company that I stopped paying because they were bought out by another company and the new company raised the rates. I just stopped paying, but they never filed a judgement. 7 years later, it wasn't even on my credit report any more.
cfortunato : However, before you agree to their terms, you may want to try to have their judgment vacated - based on the fact that the court papers were not properly served.
Customer: I wouldn't know the first thing about doing that.
cfortunato : It is very easy. Did you get the court information from your bank(s)?
Customer: No, I didn't
cfortunato : Your banks have the court information - that is the only way they can allow your accounts to be attached.
cfortunato : Get the court information from one of your banks.
cfortunato : Then go to the clerk at the court that issued the judgment, and ask to file a Motion to Vacate a Default Judgment -
cfortunato : based on the fact that the court papers were not properly served.
cfortunato : The clerk will provide the necessary forms for you, and some clerks will fill out the forms also.
cfortunato : The court papers were supposed to be given to you personally, not to your son.
Customer: Ok, I will do that before making any arrangements. The collector didn't touch my LLC business account. Is that because it's not legal for them to do that in the state of MT?
cfortunato : They cannot directly attach your LLC account unless the judgment is against the LLC also.
Customer: OK. You have been very helpful. I don't want this free trial thing. Am I going to get charged every month now for signing up to get this one question answered?
cfortunato : If you do not want the monthly plan, it can be cancelled right away. But you have to contact customer service [email protected] to tell them you do not want the monthly plan. I will send them a message for you also.
Customer: Thank you very much! Have a wonderful day! Is there a reference number I need to include in the email?
cfortunato : Just give them your account ID, which is JACUSTOMER-eqh0a384.
cfortunato : And you are very welcome!
cfortunato : And you have a pleasant rest of the day also!
cfortunato : But before you leave, please don't forget to provide a positive rating for my help.
cfortunato : Thank you!