Can I fight a civil judgement that has already been passed? The judgement was passed 5yrs ago. Wasn't able to hire a lawyer at the time. Keeping me from purchasing a home. The judgement was from a rental property that I had already left and verbal...
You can always fight. The real question is whether you can win. It sounds like you had a trial that you participated in (if this is not correct, please let us know with a comment). Typicially, this would be hard to challenge at this late time. However, you may want to have a complete copy of the file reviewed by an attorney on the chance that there is some (uncommon) irregularity that gives you an argument.
Even if you don't have good grounds to fight the five-year-old judgment, an attorney may also be able to help you by negotiating a compromise amount to satisfy the judgment.See question
Judgement and FiFA recorded 11/2004 after an unsuccessful try to vacate a default judgement.
It is common practice for the Sheriff to enter "nulla bona" on the face of the FiFa. If that is done within seven years, it is generally accepted that this extends the life of the judgment for another seven years.
This is the general view. There may be other facts and arguments that apply to your particular situation.See question
I sold my car 2 weeks ago. the buyer came from South Carolina and I live in Georgia. They test drove the car, inspected it, did a car fax report, but did not take it to a mechanic for a full inspection. They agreed to buy the car, money and title ...
You can either negotiate with them (offer them something to resolve the conflict) or you have to wait and see what they do.
As far as the "middle of the night" texts, that is an issue separate from the dispute over the car. It matters a lot whether "middle of the night" to you is 10:30pm or 3:30am. If they are texting/calling in the middle of the morning, text them clearly and politely to not call or text after 9:00pm or before 8:00am.
If they keep this up, although you usually don't want to escalate things, if these texts disturb your sleep, you might want to speak with your local police jurisdiction to see if they regard them as harassing calls.See question
First, I have a loan with a company that has gone into collections. Someone consigned with me in addition to having her own loan with them. We've both moved to different states than the loans originated. I'm currently unemployed with disability as...
I suggest that you have all communications (letters, emails, voice mails, etc.) from the creditor (or its collectors) reviewed by a consumer protection attorney. (Most consumer protection attorneys will offer a telephone consultation and review of documents by scan/email or fax at no cost to you.) It may be that you will just have to operate in "wait-and-see-mode" until the creditor acts, or there may be some actions you can take to better the situation. It will depend on the specifics of your situation.See question
What do i do,
I assume that you mean someone used your debit card to purchase something without your permission. The starting point is to notify your bank and put it in writing.
This situation can be difficult. If you gave your card to the person with permission to buy one thing, but she or he used it to buy more stuff, the bank will probably not reverse the charges. If the bank does not fix things, you can consult with an attorney about whether you can pursue a claim in court.See question
I had a judgment for rent taken against me in July of 2010. I was able to clear it up with the landlord verbally and all was resolved. Or so I thought. The judgment is still showing active with the court and they require him to come close it. It i...
Do you have any thing in writing that confirms that this was resolved? Did you pay the amount of the judgment?
Depending on what your evidence is, you may have several options to file documents which will clear the judgment or will force the landlord to clear the judgment.See question
I paid for a service in full via Care credit. Tattoo company closed abruptly. Only received 4 treatments out of 15. Care credit states since I paid the transaction off I have no authorization to dispute. Company Dr. Tattoo stated no refund at this...
As far as going after Care Credit under the Fair Credit Billing Act, you can only seek "the amount of credit outstanding with respect to such transaction at the time the cardholder first notifies the card issuer or the person honoring the credit card of such claim or defense." Did you pay off the balance before you made your first complaint about the services? If so, then you may only have recourse against the closed tattoo company.See question
Got a loan to by a car from a privately owned financial company. Car blew the motor and was left sitting on side of the road before I could get back to the car to have it towed home a wrecker company picked up the car. Called the company that had ...
As a general rule, you cannot be arrested for simply failing to pay a debt. So that threat is most likely false. Depending on who made the threat and who overhears, it could give you the right to sue the business or person making the threat.
But that does not seem to be your only trouble. You say you are being garnished, but you don't say anything about being sued by the finance company. Did you ever get served with court papers by the finance company BEFORE this garnishment. If not, then you may have a way to fight the garnishment, too.See question
I received a notice from Pioneer Credit Recovery threatening wage garnishment proceedings over my student loan debt. The notice states that Public Law 102-164 allows guarantors to offset wages without filing a lawsuit. Is this correct?
Certain educational loans (not all) can be collected by administrative wage garnishments without first seeking a judgment. If your debt does not qualify the administrative wage garnishment, then the threat in the letter may be a violation of the FDCPA.See question
I had a car in 2000 was out of work and couldn’t repair it when engine blew it was a 1995 we asked to repo it on several occasions they said was too old to repo and wouldn’t. I tried to work out payments with company that had the loan sold to ...
It is a shame for you to have to file bankruptcy over something like this. Based on the dates you give, the loan is almost old enough to fall off your credit. But, if there are other financial pressures, you should sit down with a bankruptcy attorney to explore whether bankruptcy is your best option.
In order to know your options, you need to get a complete copy of the case file that has the judgment and have the file reviewed by a consumer protection attorney. (Many will offer a telephone consultation and review of your documents at no cost to you.) Sometimes the review of the file will turn up a way to challenge the judgment. In any event, there will still be the possibility to work out a compromise or payment plan.
I suggest that you consider what a bankruptcy attorney and consumer attorney can do for you before you decide on which option you will pursue.See question