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LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 27626
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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We just learned 2 months ago that my husband had a judgement

Customer Question

We just learned 2 months ago that my husband had a judgement against him in Virginia from 2010. He never received any notice of a court date. After discovering it on his credit report, we contacted the company to arrange a full payment. We updated all contact information with them and asked for a billing statement or copy of the court order. Their response was to send out another court date to him mother's home address. All we want to do is resolve the debt. The company refuses to accept payment in full and we live in MS where appearing in a VA court is unreasonable. Will they again be granted the 23.9% interest on total amount due for an additional 5 yrs? Should we just send the last judgement amount to the court??
Trying to do the right thing, please help...
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.

Good evening. Do you know why they will not accept the judgment amount which you are offering to pay? Are they saying you owe more then the judgment amount and want interest over the past 5 years?

Customer: replied 1 year ago.
The original judgement $3133. The new garnishment paperwork pending is for over $7300.00 however they did not send us that letter. We had to call the court to find out what they filed.
Expert:  LegalKnowledge replied 1 year ago.

Thank you for the additional information. If he was never noticed of the judgment or even served with the summons and complaint or anything related to the garnishment, he may have grounds to vacate the judgment and defenses to raise, if he was never placed on notice. Doing that could delay this and may involve them incurring additional attorney fees and wasting time, effort and money. If he has evidence he was never served he could have a good faith basis to vacate the judgment and everything related to it. If they believe that to be the case, they may decided to accept the initial amount of the judgment and waive the interest, since it was a result of him now being informed and it being incurred, through lack of notice.

Customer: replied 1 year ago.
Is a written statement good enough to ask the judge to vacate or dismiss the judgement. Or will we still need a lawyer and have to appear in court?
Expert:  LegalKnowledge replied 1 year ago.

You can handle it yourself but do need to file a motion to vacate the judgment. I do not think a written statement would be enough and seeing the amount of the judgment and what they want at this time, it may be best to retain legal counsel to handle this and appear on your behalf.

Expert:  LegalKnowledge replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!