What are reasons that "enforcement of a judgment would be unjust" in a motion to vacate in MN?

Asked 8 months ago - Minneapolis, MN

The judgment is $10,000 in favor of a debt buyer.
I have been diagnosed with clinical depression. My husband gets $1100/month in Social Security disability. We receive $900 a month from a renter in our home. Our mortgage is $1300/month. We receive energy assistance.
Is our financial and health situation a reason it would be unjust?

Attorney answers (6)

  1. Paul H. Weig

    Contributor Level 13

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    Answered . That section of the Rule for vacating judgments is usually limited to situations where you really didn't ever owe the debt. (Actually the case law mostly rejects every claim seeking to vacate a judgment under that section).
    Your assets are exempt from garnishment etc. but you will be bothered with proving that you receive government assistance based on need every six months.Make sure you keep letters that are Determination of Benefits type letters, things that say you have been given assistance. and send copies of them to the debt buyer's attorney regularly.
    I sometimes represent people in your situation for a reduced fee, just to keep an eye on the collector. sometimes it pays off for me and I get to sue the collector under the Fair Debt Collection Practices Act for something they do to my clients.

  2. Michael J Corbin

    Contributor Level 20

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    Answered . No. "Unjust" in the legal sense means that there is some legal reason why the judgment should have never been entered in the first place - improper service, wrong party, etc. Your personal financial situation is totally irrelevant to that. You are confusing being legally able to obtain a judgment with the creditor's ability to actually collect on it - in your situation, that seems highly unlikely. But, they are legally entitled to have the judgment, and they are entitled to try to collect - the rent you receive is one possible source of levy. I'd advise seeking the advice of a bankruptcy attorney.

    Answers on Avvo are not to be considered a response to a specific legal issue in a specific jurisdiction - they... more
  3. Christine B. Adams

    Pro

    Contributor Level 20

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    Answered . I doubt the judge would not award the credit a judgment bases on those facts, it comes down to whether you owe the money. Whether the creditor can collect seems unlikely given your situation, but they can put a lien on your home. You may want to contact a bankruptcy attorney, many attorneys help people for low cost. You should call one right away.

  4. Tricia Dwyer

    Contributor Level 19

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    Answered . You would need to have an attorney review whether such a motion would be worthwhile in relation to your personal situation. Full detail would need to be known. Bankruptcy may not be appropriate for you at all. Be cautious when you seek legal counsel.

    TWIN CITIES to ST CLOUD. Do seek legal counsel for your personal legal issues and needs. This post is not legal... more
  5. Paul Elliot Ross

    Pro

    Contributor Level 9

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    Answered . I agree with my colleagues. I receommend that you may want to contact a bankruptcy attorney, many Minnesota attorneys will attempt to help people on fixed income for low cost, as does our firm. You should call one right away.

    Bankruptcy Debt Relief Legal Counsel
  6. David Kennedy Bifulco

    Pro

    Contributor Level 8

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    Answered . The reasons you set forth will not prevent the debt buyer from trying to execute on the judgment. You should contact a debt settlement attorney to see if this can be resolved. While they may not be able to attach your Social Security income they will be able to levy against other assets to the extent that they are not exempt.

    The answer provided is for informational purposes only and does not constitute legal advice. Pennsylvania... more

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