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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 114029
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have a judgement for $5k from an $800 college credit card.

Customer Question

I have a judgement for $5k from an $800 college credit card. We are buying another home soon and need it removed. I can't even get someone on the phone from CACH LLC
JA: Thanks. Can you give me any more details about your issue?
Customer: They apparently won a default judgement
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Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
I'd pay 50% of it immediately to make it go away, but I can't even get a person from CACH LLC on the phone.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you cannot get anyone from the creditor on the phone, you cannot pay them off, so what you need to do is file a Motion to Vacate Default and argue that 1) you have never been served with the suit, as such your due process rights to fight the suit were denied AND 2) that you cannot get anyone from the plaintiff to contact you regarding the debt and all attempts to contact them have failed. Then you send the motion to the address on file in the court record. If the company does not appear, the court will vacate the judgment and it would be removed.
This is pretty much the only option you have if the creditor will not communicate with you.
Customer: replied 1 year ago.
CAN I FIND A TEMPLATE FOR SUCH A MOTION ONLINE.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
It depends on the state, some states make these motions available online and other states do not. What state are you in?
Customer: replied 1 year ago.
TEXAS
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Texas is one of the state courts of many that does not make their forms for this available online because they want people to be represented by attorneys. So you would have to go to the court library and ask the librarian there for the form books to get a sample motion to set aside default or you have to use a local attorney to get this set aside. Using an attorney is more expedient and efficient, but if you want to do it yourself you need to get the form from the books at the court library to draft your own motion to set aside.
Customer: replied 1 year ago.
I use the former US A for corporate litigation, I guess I'll just give it to him. Thanks.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Yes, the courts and state bar do not allow us to provide forms if they are not made publicly available, but it is best and faster to use a local attorney in most all of these cases anyhow to make sure this gets done correctly the first time.
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