Can I vacate a judgement on my bank accounts?

[kaort1121]

What is the name of your state? NJ

I have a levy on all my bank accounts. I called the collection agency to try to work out a payment plan, which of course did not get very far. The first call I made resulted with him hanging up on me. He said I need to pay the whole amount of $6000 upfront. I had considered bankruptcy, but decided against it since my combined debt is only about $12,000. This CA I'm dealing with now is my largest one. I have consolidated the other bills that I have to an affordable payment plan.

The court officer told me I need to file an answer & a motion to vacate the judgement. These forms do not make any sense to me, I'm not trying to fight the debt, but I do need my money back. They took about $1500 from me that was saved to pay car insurance next month. I do not mind if they garnish my wages, I just don't want to worry about them taking my car & I would like to have a bank account again.

Attorney's I have talked to won't give me any answers, they are just trying to sell me their services. "Free advice" attorney's will not talk to me because my live in boyfriend makes too much money.

I already feel from other things I have read that a judge won't rule in my favor if I go to court. Can I just file a summary judgement so I don't have to go to court and be out court costs? Would it be a better idea for me to try to contact a "higher up" at the collection agency to work out a payment plan? Can a collection agency tell me I cannot make a payment plan?

[debtcollector`]

Attorneys provide a valuable service and deserve to get paid for their time. From your post, I'd say you need the service of one.

DC

[kaort1121]

I of course would pay for an attorney if I found one that I felt comfortable with. No one I have spoken to so far is confident in this. I can't afford to pay attorney's $100 for a consultation just for them to tell me I have no case. And remember, all my funds are frozen right now. I'm just asking if I should file a summary judgement or should I actually go into court asking for what I want. And are the chances of a judge allowing me to have payment plans/wage garnishment in my favor? And is it legal for a ca to tell me I can't set up a payment arrangement? Should I ask to talk to a "higher up" at the ca?

[debtcollector`]

Originally Posted by kaort1121

And are the chances of a judge allowing me to have payment plans/wage garnishment in my favor?

Always a chance -- most unlikely though. The CA will get every red cent they can as fast as they can.

Originally Posted by kaort1121

And is it legal for a ca to tell me I can't set up a payment arrangement? Should I ask to talk to a "higher up" at the ca?

Yes it is. If you want someone else telling you to cough up the money.

DC