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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37841
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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In 1998 I left the country and was not able to settle with

Resolved Question:

In 1998 I left the country and was not able to settle with a credit card company. In 2003 while I was still out of the country a judgement was made against me. In 2004 I came back and was not aware of the judgement. Today I found out a renewal of the judgement was being processed.What are my rights?How can I fight the original judgement?Do I need to hire a lawyer? I have 30 days to give a response and I would like to know what should my next step be.
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Than you for your question.

Are you disputing the full judgment or is the debt valid? I realize that you were indipsute with them in the past, what specifically was in dispute, the amount or the validity of the debt?
Customer: replied 1 year ago.
The debt from the credit card is valid. The collection agency on the other hand stated that they delivered the summons in person in 2003. During that time I was attending medical school in Europe. I tried making arrangements with my credit card before I left but they refused to work with me.
Expert:  Dimitry K., Esq. replied 1 year ago.

Colin,

Thank you for your follow-up. In that case you can fight it based on lack of notice and lack of proper service. I must be honest and state that this may be a fairly uphill battle but luckily if you can prove that you were indeed physically elsewhere (past transcripts, even credit card statements from other companies pointing to you being elsewhere), you can push to set aside the judgment and demand a rehearing. That, if granted, would simply set up a new hearing but it would be based on the initial amount owed and not the current debt which I am assuming due to interest has now became far larger than the initial amount. I would also suggest that if you manage to set aside the judgment, then attack it for being beyond the statutory period when the initial debt was obtained. This is really your best approach in trying to remove this debt against you.

Good luck!

Customer: replied 1 year ago.
So right now what do I need to do? Do I go to the court and file a motion to vacate? What do I write in the application for renewal of judgement?Should I consider getting a lawyer?
Expert:  Dimitry K., Esq. replied 1 year ago.

Colin,

You have to strongly consider retaining counsel. Without an attorney you would need to list in the renewal that the judgment was fraudulent, you were never formally served, and as this is your first notice of judgment, you will be appealing the judgment. Then you would need to contact the court that granted the initial order against you and motion to get a hearing to set aside the judgment based on lack of proper service and lack of notice of this hearing.

Good luck.

Customer: replied 1 year ago.
You've been very helpful. One last question. What type of lawyer should I be looking for that specializes in these matters? On average how much will a lawyer cost?
Expert:  Dimitry K., Esq. replied 1 year ago.

Colin,

Thank you for your follow-up and glad to hear that I could help. You are seeking a civil litigation attorney, potentially even general practice although the removal of past judgment may be a bit too specialized. Here, I really cannot estimate costs. The filings on your end may be about $1,500-$2,000 but additional hearings or appeals may take longer and be more money. There I really cannot even give you a general estimate.

I am sorry about that.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37841
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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