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Ask Dave Kennett Your Own Question

Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27687
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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Customer Question

I have a judgement against me for balance of : 28,960.63
When I found it under Tarrarnt County Website, it states judgement was submitted on 2008

Judgment owed to: XXXXX XXXXX bank (USA)

An attorney sent me this letter on 2/27/2013. I donot recall receiving any other letters, nor did I know I had a judgement against me. The actual judgment is 19,588.92, but I guess the about above included interest. I called my Ex-Husband to see if he knew anything about this, he didn't.

Please help !!!!!! I can't afford to have them freeze my Bank account. I am the Sole Provider to my 3 Daughters. I don't know what to do at all. I past the 30 days that they mentioned on this letter. They wanted me to settle for entire amount or pay 1,223.48 per month !!!!
Submitted: 2 years ago.
Category: Legal
Expert:  Dave Kennett replied 2 years ago.
Dear JACUSTOMER - There is nothing you can do about the judgment being on the record so you basically have three choices in this situation. One is to try to make a deal to pay it off in a lump sum at around 50-60% of the total. Two is to set up payments which will take forever to pay off and the third, and probably the best, XXXXX XXXXX to seek protection in bankruptcy. That would wipe out all of the debt and any other debt you have and allow you to make a fresh start. I have no way of analyzing your overall financial situation to tell you if a bankruptcy is feasible but generally it is and it solves the problem. If these judgments are already on your credit report a bankruptcy isn't going to cause that much harm and after a few years you will be able to restore your credit faster than if these judgments are still showing up. Rather than spending money trying to payoff something this large it would be far better to seek the assistance of a local bankruptcy attorney and get these judgments discharged.
Customer: replied 2 years ago.

I dont understand. I don't know where where these charges are coming from. I am divorced and I asked my Ex-Husband if he knew, he couldn't remember. I would I try and pay off something that I don't recall ever having. I would have have thought that Capital One would have said something to me since I just finished paying a Car loan that I had with them. Paid it on time since my Divorce, as well. This letter is dated 2/27/13 and they state that I must contact their office within the next 30 days to take advantage of this settlement offer.


How can I take advantage of something if I don't know what it is? I did'nt respond to them

Expert:  Dave Kennett replied 2 years ago.
Obviously I cannot tell you where these judgments came from. The only thing you can do is to go to the court where the judgment is filed and check out the file to see on what basis the suit was filed. If this is from 2008 it would be too late to challenge the judgment as that would have to be done within a year of when it was filed. So the only way to get rid of the judgment is as I outlined above. In order to get a judgment vacated is to be able to show why you never responded to the suit in the beginning and to show that you have a legal defense to the action. The motion to vacate would have to be filed within a year of the judgment.
Customer: replied 2 years ago.

Sorry, I'm not completely satisfied with this answer because I think maybe the first thing that I should do is dispute the accuracy of this Judgement, especially being such a large amount to make sure that it's nothing fraudulent. Also, maybe send a certified letter inquiring about the "original contract" where I entered into agreement ( Signature).

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