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What recourse do I have against a default judgement issued against me & how long is this judgement valid?

Canton, OH |

I was working to resolve a credit card debt and got called out of town for a good amount of time, then came home to find out they had given it to an attorney's office and taken me to local court and got a default judgement against me. I have tried to work with them unsuccessfully, are they able to garnish my wages if my company resides in a diffrent county, and are they able to freeze or obtain money from my personal checking account? I would like to resolve this issue but they seem unwilling to work with me, I would appreciate any suggestions.

Attorney Answers 2


  1. You MIGHT be able to over turn the default judgment since you were not served when they got the default judgment. Trying to work it out is a total waste of time. Discuss with a lawyer if you can counter with a violation of the fair debt collection act. You might find the website DefeatPressler&Pressler helpful. It is about a NJ firm and how they misuse the debt collection law, but some of the information is probably valid for your situation.


  2. Contact an attorney to discuss filing a motion to vacate the judgment on your behalf under Ohio Civil Rule 60(b). You may have grounds to file such a motion particularly if you were not properly served or notified of the hearing. However generally a motion to vacate must be filed within 1 year of the date of default judgment. As you are finding the credit card company has several ways that it can seek to "execute" or collect on the judgment. If the judgment is not able to be vacated so that you can fight the credit card company on the merits of the lawsuit, then contacting an attorney would be wise so that you can get help in negotiating payment terms with the company. I would urge you to contact an attorney to assist you.