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My husband just received a notice of a default judgement made

 
JD 1992's Avatar
  • Answered by:JD 1992
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Customer Question

My husband just received a notice of a default judgement made against him by a creditor. It was filed in a different county and we had no idea of a court date. What does it mean now for him?

 

Optional Information:
Country relating to Question: United States
State (if USA): Texas

Already Tried:
We had talked to the creditor prior about trying to settle before it got this far. The representative was not real friendly and didn't present counter offer from their offer to settle. Never heard again then got this judgment notice.

Submitted: 390 days and 19 hours ago.
Category: Legal
Value: $25
Status: CLOSED
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Expert:  JD 1992 replied390 days and 19 hours ago.

It stands until you get it reversed. The longer he waits the harder it is to vacate or reverse and what usually happens is they grab your bank accounts one day. If it is still within 30 days of being granted then it is reasonably easy to reverse.


Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.

Customer replied390 days and 18 hours ago.

How does one go about getting it reversed?

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Expert:  JD 1992 replied390 days and 18 hours ago.

If it is within 30 days of being signed you would file a Motion for New Trial and explain in there why it should be reversed. You increase your chances if you hire a lawyer, of course.


Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.

Customer replied390 days and 18 hours ago.

Do you know Texas regs for handling this? I ask because our collection attorney from our past in KS. always disliked when clients moved to TX cause judgements and such were basically impossible to collect. I need to know how this could affect "us" when it is his debt?

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Expert:  JD 1992 replied390 days and 18 hours ago.

Yes, I'm familiar with it. It is hard to collect on a judgment in TX unless you have a bank account. If you do then they can grab the account and if it is a joint account they can usually keep it all.

It will also show up on your credit as well since you are married.


Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.

Customer replied390 days and 18 hours ago.

If it shows up on my credit report, I can get it removed like I did when the account first went into collections since it was not in my name, correct?

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Expert:  JD 1992 replied390 days and 18 hours ago.

You should be able to but many places are now making it more difficult, particularly in Texas, because you have to prove it is not a community debt.


Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.

Customer replied390 days and 18 hours ago.

There is a debt owed unfortunately. It was much less than what they claim now with all kinds of charges added. I don't know what the amount is now actually. My husband has always had great credit but he got sick and I could not longer keep up his debts too with just one income. How can it be reversed if a debt is owed?

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Expert:  JD 1992 replied390 days and 17 hours ago.

You can still get it reversed if they failed to follow the proper procedures (having you served, etc) by the Motion for New Trial If you get it reversed they usually get really reasonable on a settlement.


Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.

Customer replied390 days and 17 hours ago.

Do you know what the normal attorney fees may be for reversing this? Money of course is an issue or we wouldn't be here. Could it be handled without attorney?

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Expert:  JD 1992 replied390 days and 17 hours ago.

It can be handled without an attorney but it isn't easy and most people couldn't do it correctly. The fee for doing it would be between $750-$1500. You may want to talk to a paralegal and see if they can assist.


Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.

Customer replied390 days and 17 hours ago.

How would I contact a paralegal? Never did anything like this before.

Accepted Answer

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Expert:  JD 1992 replied390 days and 17 hours ago.

Just run a google search for your area or go to a site like freelancer.com or elance.com.


Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.

Expert TypeAttorney
Category: Legal
Pos. Feedback: 97.7 %
Accepts: 11360
Answered: 4/21/2012

Experience: Began practicing law in 1992

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