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Ask rvlaw Your Own Question
rvlaw, Lawyer (JD)
Category: Legal
Satisfied Customers: 8386
Experience:  NYC Trial Atty. 30 yrs.- pers. inj., contracts, real estate, criminal, estates, matrimonial.
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I recently had a judgment made against me in a district ...

Resolved Question:

I recently had a judgment made against me in a district court in KY regarding a credit card charge off, I have now recieved notice of that judgment and also two letters one being a judgment Lien and a assert to garnish wages, I am not gainfully employed at this time, I do work on occasions as contract labor..but I do not have a full time job, nor do I have any personal property that I own. What will happen next in this situation? What would you recommend me to do?
Submitted: 9 years ago.
Category: Legal
Expert:  rvlaw replied 9 years ago.

Hi, and welcome to Just Answer. Thank you for entrusting me with your legal issue. I will do my best to assist you. During the course of our interaction , I may need some additional information. Also, please keep in mind that when any of us at JA legal answers a question, we don't know what you, the customer, already knows about the issue unless we are told.

1. The fact that the debt was charged off by the creditor does NOT mean they cannot sue you.

2. If you didn't appear, the judge just gave the plaintiff what he asked for. You must move to vacate the default. You must make an application to the court that gave the judgment stating that it did not have jurisdiction over you AND MAYBE IT WAS OUTSIDE THE STATUTE OF LIMITATIONS.

You must show a valid defense to open the default ..otherwise opening it is futile. It will just be a judgment again. If you succeed in opening it, the suit might be dismissed if you have a valid defense. Or at least you can file an answer to the complaint and defend. If you win, you can send proof to the credit bureaus.

3. If there is no basis to contest the judgment, then there is nothing you can do to vacate it and the lien/garnishment.

4. Since they already have the judgment, it automatically becomes a lien on any real property you own in the state. It can also be enforced against all of your personal assets, for example, bank accounts. They can serve you with written questions or a notice to give an oral deposition specifically to discover those assets. If you do not comply, they can and will obtain an order of contempt against you.

5. If you have nothing, they there is no reason to do anything. But if you do have money/assets in the future, the judgment can be enforced against those assets/monies.



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