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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.
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.
May 28, 2014 · 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: Appeal the judgment and have the appeals court render the original judgment void; or. Ask the original court to vacate a default judgment so that you can fight the lawsuit.
Reversal can occur when the decision of a court of appeal is that the judgment of a lower court was incorrect. The result of reversal is that the lower court which tried the case is instructed to vacate the original judgment and retry the case.
Go over your income and expenses with a fine-tooth comb, figure out what you can afford, and only agree to pay a realistic amount. Generally, you can negotiate the best settlement on a debt if you can come up with a lump sum amount to resolve the debt. If you agree to a payment plan, you will likely pay more over time.Sep 13, 2019
Write a debt settlement letter to your creditor. Explain your current situation and how much you can pay. Also, provide them with a clear description of what you expect in return, such as removal of missed payments or the account shown as paid in full on your report.Nov 10, 2020
Typically, a creditor will agree to accept 40% to 50% of the debt you owe, although it could be as much as 80%, depending on whether you're dealing with a debt collector or the original creditor. In either case, your first lump-sum offer should be well below the 40% to 50% range to provide some room for negotiation.Jun 11, 2021
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...
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...
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...
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...
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...