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Category: Legal
Satisfied Customers: 6536
Experience:  Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
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I have company credit card debt. A collection agency sent a

Customer Question

I have company credit card debt. A collection agency sent a summons to my old address and filed a law suit against me. I recently picked up my old mail and found out that there was a hearing in April and there was a default judgement against me.

My questions are as follows:

1) Can I appeal the judgment since I wasn't aware of the hearing (the person that accepted the letter said that she did not sign for it and I was not notified by her or the collection agency). If I can appeal, how should I go about it and would I need representation ( I cannot afford payments at this time)?

2) Since it is a business credit card and not personal (my name is XXXXX XXXXX since I'm the one that opened the account), can the collection agency go after me if the corporation goes bankrupt.

3) I'm a student and my last two income taxes were negative. If I can reopen the case, and if they can go after my personal income (despite the fact that it is a business credit card) what should I expect (I don't own any assets and can't make any payments).
Submitted: 4 years ago.
Category: Legal
Expert:  LADYLAWYER replied 4 years ago.

LADYLAWYER : Hello, Thanks for choosing! I look forward to helping you with legal information today. Please give me a moment to review your questions and to answer you.
LADYLAWYER : 1) You can file a motion to set aside and vacate default judgment. You do not need representation to do this. You need to contact the clerk of court where the judgment was filed and see if they have the forms available for you there. If not, you can prepare your own motion. There are different examples online. They vary a little bit, but as long as your court doesn't have any local rules regarding their structure, you should be ale to use any of them as a base.
LADYLAWYER : 2) I will need more information to properly answer. Who was the judgement against--you or the corporation? Was the card in your name as an agent for the corporation or how was it titled?
LADYLAWYER : 3) There's a saying that you can't squeeze blood out of turnip. If you have no income or assets, there's nothing for them to get from you. Now, the judgement they hold is good for up to 20 years so they can keep trying to get something from you for up to that long. The judgement is also on your public record and can hurt your credit. The best thing to do is to have the judgment set aside if you can. But remember, just having it set aside is the first step. Ou still have to go back and defend yourself against the plaintiff and you need to have a winning case in order not to get another judgment against you.
LADYLAWYER : Please just answer my questions for #2 when you can and I will answer back ASAP. I am not always online but I will try to answer as quickly as I can after I am notified you have replied. Thanks!
LADYLAWYER : Hi, I see you were able to view my post. Did you still need help with your question?