Home > Research Legal Advice > Debt Collection > How is the best way of settling a collection judgment?
Asked about 1 year ago - Sanger, CA
FlagI am the defendant in a default judgment for a department store collection account. The collection firm is Midland Funding LLC and have hired Hunt & Henriques to collect for them. Under C.C.P 473.5 I qualify to motion to vacate the judgment but I just want to get rid of the debt. The original debt on the summons back in January 2010 was $4,200 and now is $6,599 after interest and penalties. I never answered their original summons because I never received it and the paperwork states it was mailed to my parents address where I have not lived at since 2004. My parents claim they never received anything from anyone by mail or in person. They cannot garnish my wages since I currently have another creditor getting 25% of my wages...any advice?
I would file the motion to set aside the judgment. Rather, what I do in these cases is send H&H a letter threatening to file, and outlining the facts. Often they will stipulate to set aside the Judgment at that time. Once they re-file, a good credit card defense attorney (ahem) can often get a dismissal or, at very least a significant reduction in the amount at issue, by offering a strong defense.
Mr. Ridley practices credit card defense law throughout the state of CA, with offices in Ventura and Los Angeles Counties. He is also licensed to handle bankruptcy matters throughout the California Central District: Los Angeles, Ventura and Santa Barbara Counties. His phone number is (805) 244-5291, and his email address is ridley.eric@gmail.com . His website for more estate, bankruptcy and business information is www.ridleylawoffices.com .
Don't speak legalese? We define thousands of terms in plain English.
Browse our legal dictionary
