i want to fight an old judgement what kind of attorney to i get

by Eldridge Smith PhD 8 min read

A general civil litigation attorney can assist a client with a judgment creditor. You may consider using the bar association lawyer referral service which will match you with an attorney meeting your needs.

Full Answer

What to do if you've got a judgment against you?

Vacate the judgment. Steps to fight a judgment Is the judgment legal? When a debt is in collections and you are served with a lawsuit, you are given about 30 days to object to the filing if you have a cause. If you can prove that the debt is invalid you can get the hearing for the judgment dismissed.

What kind of attorney can help me with a judgment creditor?

A nonprofit law firm dedicated to providing civil legal services to the most vulnerable in our community. We are a non-profit 501(c)(3) charitable organization dedicated to providing free community legal services to Clark County's low income residents since 1958.

How to make a judgement disappear?

Apr 13, 2003 · If all you want is an attorney to send your letter offering a settlement, get a prepaidlegal attorney for that. They can do it for around $35 once you sign up (that is the fee in most states). They can send the letter out for you within a couple of days. If you're interested I can give you the number of a friend of mine who sells prepaid legal.

Is it possible to get a judgment wiped out?

Apr 25, 2012 · A general civil litigation attorney can assist a client with a judgment creditor. You may consider using the bar association lawyer referral service which will match you with an attorney meeting your needs.

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How can I get a bad Judgement removed?

There are a few ways you can remove judgments from your credit report.Appeal for a vacated judgment. A vacated judgment is one that you appealed, and the court dismissed. ... Dispute inaccuracies. Credit report judgments can be removed by following the steps below. ... Pay it and wait for it to come off of your credit report.Aug 27, 2021

How long do Judgements last?

Creditors have 12 years from the date of the judgment to look for enforcement orders. However, if the judgment order was issued 6 or more years earlier, the creditor may have to apply to court for leave to issue execution. Once issued, enforcement orders are generally valid for a year and may then be renewed.

What happens to a Judgement after 5 years?

A judgment usually stays on your credit report for a period of 5 years. However, once the judgment has been paid up it can be removed from the consumer's credit report. Up until March 2019, judgments needed to be rescinded in order to get them removed from the credit report.Jun 4, 2019

What's the difference between judgment and Judgement?

Many think that the difference between judgement and judgment is that the longer version is the British spelling, whereas the shorter one is the US convention. ... Today, judgement is an accepted spelling in British English. But, if you stick to judgment, you won't be judged in the UK or the US.Oct 2, 2020

Two Ways to Vacate A Judgment

Just as there are two ways for a creditor to get a judgment against you, there are two ways to have the judgment vacated. They are: 1. Appeal the j...

Grounds For Vacating A Default Judgment

Each state has its own rules for vacating a default judgment filed against you. In California, for example, a judge can vacate a default judgment t...

Impact on Your Credit Report

Just because the judgment is vacated doesn’t mean that the lawsuit disappears. In fact, vacating the judgment means that the lawsuit is active once...

Do This Before You Ask The Court to Set Aside The Judgment

Sometimes setting aside the judgment isn’t a good idea. If you don’t have a reasonable defense to the creditor’s claims then the judge will deny yo...

Don’T Let It Get That Far

If you get lawsuit papers, either file an Answer or get to a lawyer like me who defends collection actions.Waiting for a default judgment in the ho...

Contesting A Garnishment Or Attachment

Learn how to file a Claim of Exemption to protect your money or property that is “exempt” (protected) and can’t be taken to from you to pay a judgment.

Setting Aside A Civil Default Judgment

Learn what to do if you’ve discovered that a “default judgment” was entered against you, which can happen even if you didn’t know you’d been sued and never appeared in court.

How to get a judgment vacated?

Just as there are two ways for a creditor to get a judgment against you, there are two ways to have the judgment vacated. They are: 1 Appeal the judgment and have the appeals court render the original judgment void; or 2 Ask the original court to vacate a default judgment so that you can fight the lawsuit.

What does it mean to vacate a judgment?

That’s what it means to vacate a judgment – the entire thing vanishes in a puff of smoke, leaving no judgment behind. The lawsuit remains active, but the clock is turned back so that the judgment is erased. There are two ways for a creditor to get a judgment against you. They are:

Can a judge make a judgment?

A judge can make a ruling that a creditor is entitled to a judgment because you didn’t fight the lawsuit. The first way is usually called a judgment on the merits and the second way is called a default judgment. In both situations, it is possible to get the judgment wiped out as if it never happened. The process of wiping out a judgment entirely is ...

Can a creditor garnish your wages?

You should also look at the amount the creditor can get in a wage garnishment. If your income is relatively low, the garnishment may come to far less than what the creditor would demand in a voluntary repayment. Many states even have a way to prevent garnishment if your income falls below a certain level.

Mitchell Paul Goldstein

You can appeal, but expect to be required to pay an appeal bond in the amount of the judgment. If you appeal or move to vacate, you need grounds for the judge to rule on. Without grounds, expect to lose. The judgment will remain on your credit report for as long as it is valid, which can be more than 7 years.

Kelly Donovan Jones

Mr freedman has set forth out the basics. To add to his comments, once the creditor (plaintiff) has a judgment they will eventually try to enforce (collect) the judgment via wage/account garnishment.

Jeffrey M. Freedman

Once you fall behind on a debt your credit record is marked for 7 years.#N#Here you fell behind and were sued.#N#There was a court hearing and a judgment was entered against you.#N#This history of these events will most likely appear on your credit record for 7 years.#N#Once the judgment is entered the creditor's attorney will look for assets to satisfy....

Robert Allen Shipley

I agree with both counsel. However, even if the lien was not timely filed, per the state statute, you would still need an attorney to file the appropriate petition to have the lien extinguished and removed. If a lien was recorded, then I would recommend you contact a local attorney whose practice is concentrated in construction law.

Cheryl Rivera Smith

I agree with my colleague, but you also may want to check local laws. The lien may expire worthless if the landscaping company doesn't take action within a certain period of time. Best of luck.

Scott Louis Peterson

You should talk to an attorney. The only way to remove the lien is to go to court. The lien is probably not valid, and you can get your attorney's fees paid if the attorney successfully removes the lien.

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