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Motion to vacate default judgement on credit card
Anonymous4 views3 answers
collection agency has been try to collect on credit card I haven't used in five yrs statue of limitations surely has expired I am a resident of DC judge gave them default judgement but I filed motion to vacate in court an received hearing in Oct 2011 they could not provide any signed agreement of actual balance.they gave amount of what is owed plus charges they want into one lump charge.should i file another motion if i can,Job has me a writ of attachment on a judgement that opens my salary up for garnishment
It appears you lost the Ocitober hearing, but you did not say why. If you were wrong about the statute of limitations, you will have to find new grounds to vacate the judgment. You are working "after the fact" and asking the court to undo a judgment AND a garnishment, which is an uphill battle. Unless you have really valid grounds for a new motion, you can try to work out a settlement if you have the cash. Most creditors would still prefer to have a guaranteed lump sum rather than get their money in payments - even through garnishment.
It is not clear from your question what actually happened at your Oct. 2011 hearing. If the amount that you owe is substantial, I would recommend presenting your case to a lawyer who handles credit card defense cases. If you have a steady job,they should be willing to work out a fee arrangement with you.
My concern is that you mentioned the possibility of garnishing your wages. You want to avoid that challenge at all costs--that's why you need a lawyer. I have included links that are starting points to finding a lawyer that can help you.
I hope this helps and may God bless you.
