apparently they served me back in 2010 from an account that's last activity is in 2006. I did not hear about this until a week ago. They want me to pay half of what is owed in the next two months. I don't have that kind of money but don't want this to be on my credit report for 7 years.
Option 1: Reopen the lawsuit to contest service of process, and the statute of limitations.
Option 2: Pay half with the written understanding that the judgment is satisfied.
Option 3: File bankruptcy if you have enough debt to make this cost effective.
Only option 1 could get you what you want, and its likelihood of success is not guaranteed. Judgments last a lot longer that debts, so you may be looking at 10 or 20 years of this showing on a credit report. Bankruptcy will have it reported as discharged in bankruptcy, which will be on your report for up to 10 years.
You could move to vacate if you were never served. However, in Tennessee, such a Motion usually must be made within ten days of judgment and it typically must at least imply that the judgment was fraudulently obtained.
How were you "apparently" served?
Barnette Law Offices
You're being sued or you were sued? Usually a case like this one is in General Sessions Civil and they can easily get a default judgment against you if you were properly served... so you'll need to look into that, and most attorneys in Davidson County can look it up for you. Since you say you are being sued, does your warrant maybe say Write of Execution on it? Or a Show Cause or Garnishment? Without knowing more, it's hard to determine your best course of action.
If this information was helpful, please indicate by clicking â€œGood Answerâ€ and/or â€œBest Answerâ€ below. Keep in mind that the information is general, and if you reside outside my jurisdiction the laws may be different and applied differently in your current situation. The response here does not create an attorney-client relationship, but should you require legal assistance, call and ask for Attorney Maria Pardue at the Jones Law Group PLLC at 615-983-4500.
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