How is the best way of settling a collection judgment?

Asked about 2 years ago - Sanger, CA

I 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?

Attorney answers (3)

  1. Eric D Ridley

    Pro

    Contributor Level 14

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    Answered . 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 .

    Eric Ridley can be reached at (805) 244-529, by email at ridley.eric@gmail.com, or at http://www.ridleylawoffices.... more
  2. Richard Scott Lysle

    Contributor Level 17

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    Answered . Have an attorney negotiate on your behalf. There are issues in these types of cases that you do not know about. Credit reporting. Receiving a 1099-C and paying tax on any negotiated reduction. Etc.

    Also, 473.5 is not the only grounds for a motion to vacate.

  3. Mitchell Paul Goldstein

    Contributor Level 20

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    Answered . If you can get the judgment set aside, then dispute any attempt to sue you again. If not, you can always try to settle. Explore all options first. If you settle the deb, you might want to familiarize yourself with IRS Form 982 and its instructions.

    Mr. Goldstein is a Virginia-licensed attorney only. The information is not, nor is it intended to be, legal advice.... more

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