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credit card debt and judgement

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mychatnoir

Junior Member
What is the name of your state? I am from Utah. Years ago I had a credit card and got into a bad financial condition was not able to pay the credit card. Anyway a summons was brought to my house a month or so ago and I called the attorney and told him it was way out of the statue of limitations. He said he would look into it and get back to me. I have now found out that they obtained a default judgement and have or will be filing a lien on my property. Do I have leg to stand on and what can I do?

Thank you
 


Debt Guy

Senior Member
Q. Do I have leg to stand on and what can I do?

A. Probably not much you can do. You should have filed a motion with the court to dismiss the case. You did not -- and my guess is that you did not appear on the date required by the summons. It is common in that case for the judge to award a default judgment. Once awarded, it is very difficult to have reversed. The judge is very unlikely to want to reconsider the matter since you failed to do those things required by the law to have the case dismissed.

Never trust a lawyer who has an interest contrary to yours. You learned the hard way.

If you can prove this conversation you had with the plaintiff's attorney, you might be able to file some sort of bar complaint or even sue him/her. You should discuss this with a local attorney.
 

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