Sued by National Collegiate Trust? Is it too late?

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I've just checked my credit report for the first time in over a year and noticed I had a court judgement on my record and it's from National Collegiate Trust. It was filed in April of 2014 and I had no idea. Is it too late to do anything about this?

Attorney Answers

4
Richard Elie ·
If you were never served properly with suit, then you would have to file a motion to vacate the judgment. There are a number of questions here. To answer them, you need to look up the case in the court where it was filed, and then get copies of the whole file. Second, see who got served, when and where. If someone was living with you, maybe a roommate, spouse or a child over age 13, its possible someone was served with the papers and simply failed to notify you. Third, if the information shows someone other than you was served, then that's a basis to vacate the judgment for lack of personal service. Assuming you get the judgment set aside, you still need to defend the case. So you will have to raise meritorious defenses to the claims. There is another option, its a bit risky: do nothing until they try and enforce the judgment. It won't remove the judgment from your credit report, but until someone tries to enforce it, enough time will pass that the original statute of limitations may pass, and that will give you some leverage. A skilled debt collection defense lawyer can help you. Click on "Find a Lawyer" above and locate a debt collection defense lawyer in your area to assist you.
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Luann Trevino ·
You have 4 years following the entry of judgment to file a bill of review to attack the judgment. As always, sooner is better than later.
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Ed WaltonLawsuit / Dispute AttorneyTerrell, TX ·
You only remedy at this point in time would be to file a bill of review. You would have to show that your failure to appear was the result of fraud on the part of the opposing party. The most common basis for a bill of review is that the person against whom the judgment was taken was not properly served. If a bill of review is granted, you then have an opportunity to defend the suit just as though no judgment had ever been entered against you. If you owe the money, you may not have accomplished much.
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