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I recently discovered on a credit report that a previous…

I recently discovered on...

I recently discovered on a credit report that a previous judgement (default for credit card debt) was not handled properly by my attorney a few years ago. Now I am trying to buy a house and need to know the best way to proceed and get the judgement removed. The original judgement was for $0.00 and 2 years later a new judgement was filed for $18,000+. My attorney filed a motion to vacate the second judgement. She moved offices prior to the hearing and lost my file with the original judgement. A few months later I found my original judgement and sent this to her to refile. Apparently this was not done and now I am left with the $18,000+ judgement. How do you recommend that I proceed? I am willing to negotiate a settlement with the creditor.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Has anything been filed or reported?

The motion to vacate was filed in 2014 in Alameda Superior Court. The second judgement was also filed in Alameda.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

What additional information is needed?

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Answered in 2 minutes by:
9/3/2017
INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 63,754
Experience: Licensed attorney helping individuals and businesses
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You have 2 choices.
1. Pay the judgment without prejudice.
2. File a new motion to vacate.
You want to prepare your case by creating a time line starting from the earliest event. For each event, write down key details and witnesses and if there is a document that relates to it, save it and refer to it. This timeline can be very valuable in narrating your case and presenting it later in a concrete and specific way.
martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options.
Please let me know if the reply is acceptable by responding "yes" or "acceptable"
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Customer reply replied 11 months ago
Discover has since sold my account to a creditor. Is it possibly to negotiate a settlement for a lesser amount and still get the judgement removed?
By being prepared and pressing your claim, the other side should feel the pressure and consider the risk of losing and legal fees. That realization can help bring about a settlement! A discount is likely especially if they lack all the paperwork!Kindly rate me five stars.Leaving a bonus after rating is very much appreciated.
INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 63,754
Experience: Licensed attorney helping individuals and businesses
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