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Roger
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l just got a copy of a letter to the Judge asking for the ...

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l just got a copy of a letter to the Judge asking for the court''s consideration and approval on a default judgement against me for a credit card debt of over 12years. They also included the company that l run as the garnishee. What do l do to prevent the judgment creditor going after the company bank account since they have nothing to do the debt before l join the company. Ude Otisi/Atlanta,GA
Submitted: 6 years ago.
Category: Legal
Expert:  Roger replied 6 years ago.

The first thing you need to do is get an attorney tomorrow morning to take a look at the case and file an entry of appearance on your behalf at the very least, and maybe file an answer to the complaint filed against you. If a default judgment is taken, it essentially means that you do not contest the debt/amount claimed and that the credit card company is entitled to everything it is asking for. You don't want a default judgment taken against you! Even if the debt is technically valid, there are certain defenses that could get you out from under the obligation, or at least reduce the amount you have to pay.

My initial reaction is to the 12 year old debt. There is a statute of limitations that would prohibit the credit card company from being able to sue on this debt after a certain period of time- the statute of limitations is usually three years. How long ago was the suit filed and when was the last time you used the card. If the time differential is more than three years, you may be able to get around the judgment.

Even if this does not work, you or your attorney can negotiate to reduce the amount claimed and settle for much less.

Your company was noticed as garnishee because in the event that a judgment is entered against you, the credit card company has the right to garnish your wages until your debt to it is paid in full. In the event of a judgment, the credit card company will issue a suggestion for garnishment and a writ of garnishment to your employer. Your employer has a certain amount of time to respond to the garnishment. If it fails to do so, then your company would become wholly responsible for your debt. That's the only way the credit card company could go after your company's bank account - in the event that it did not answer the garnishment.

Nevertheless, the most important thing for you to do is get an attorney and have him try to stop the default judgment. There are ways to set aside a default judgment, but it is very difficult!

Don't waste any time! Feel free to ask any follow-ups.

Roger, Attorney
Category: Legal
Satisfied Customers: 27081
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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