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How far can someone really go fighting debt collectors on their own?

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GabrielFlynn

New member
Hey everyone, I’ve been doing some research and I’m wondering... has anyone here successfully vacated a default judgment and got wage garnishment reversed without a lawyer?

I’m trying to understand what strategies actually work. I’ve seen stuff about improper service, fraud on the court, and even bringing federal claims—but is that even realistic for someone doing this solo?

What would be the key steps to get traction if someone wanted to take on a big collector like Midland Credit Management or their attorneys?

I’m not trying to get scammed by fake gurus or push templates—I want real insight from people who’ve actually seen results. What’s the real playbook?

?
 


quincy

Senior Member
Hey everyone, I’ve been doing some research and I’m wondering... has anyone here successfully vacated a default judgment and got wage garnishment reversed without a lawyer?

I’m trying to understand what strategies actually work. I’ve seen stuff about improper service, fraud on the court, and even bringing federal claims—but is that even realistic for someone doing this solo?

What would be the key steps to get traction if someone wanted to take on a big collector like Midland Credit Management or their attorneys?

I’m not trying to get scammed by fake gurus or push templates—I want real insight from people who’ve actually seen results. What’s the real playbook?

?
What is the name of your state?

The key to vacating a default judgment is having a legitimate reason for having the judgment vacated.
 

LdiJ

Senior Member
Hey everyone, I’ve been doing some research and I’m wondering... has anyone here successfully vacated a default judgment and got wage garnishment reversed without a lawyer?

I’m trying to understand what strategies actually work. I’ve seen stuff about improper service, fraud on the court, and even bringing federal claims—but is that even realistic for someone doing this solo?

What would be the key steps to get traction if someone wanted to take on a big collector like Midland Credit Management or their attorneys?

I’m not trying to get scammed by fake gurus or push templates—I want real insight from people who’ve actually seen results. What’s the real playbook?

?

Whether or not you would have a shot at it depends on why you want to vacate the default judgment. For example, if you truly did not get served with the lawsuit and there is a good reason why the suit would have failed if you had been served (not your debt, past the statute of limitations etc.) then you might have a shot at doing it without an attorney. However, if it is a valid debt and the suit wouldn't have failed anyway, there might be no good reason to fight it even with an attorney.
 

zddoodah

Active Member
has anyone here successfully vacated a default judgment and got wage garnishment reversed without a lawyer?

In any of the 50 U.S. states in the 225+ years of the U.S.'s existence? Probably. Is that really what you wanted to know?


I’m trying to understand what strategies actually work. I’ve seen stuff about improper service, fraud on the court, and even bringing federal claims—but is that even realistic for someone doing this solo?

I'm not sure what you mean. You didn't identify a state, so I'll use California as an example. Code of Civil Procedure section 473(b) states, in pertinent part, as follows: "The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken."

While I can't say I've reviewed all 50 states' laws on the subject, I imagine California's is fairly typical. Therefore, the only "strategy" is to clearly lay out why the facts support vacating the judgment.


What would be the key steps to get traction if someone wanted to take on a big collector like Midland Credit Management or their attorneys?

This question is way too vague to be productive.

Rather than speaking in vague generalities, you'd be better off describing your situation in a concise manner and asking whether there's a chance for getting the judgment vacated.
 

adjusterjack

Senior Member
What’s the real playbook?

I have seen other states that allow up to one year and include improper, or lack of, service.

Reality check, Mr. Flynn:

If one actually owes the money, and most do, one is not getting out from under a judgment short of bankruptcy.

Judgments in most states are enforceable for 10 to 20 years so, someday, when you least expects it, you won't be able to finance a house or car or get any other type of credit.

Even on the remote chance that you (very remote) that you get the judgment set aside, the debt doesn't go away. The creditor can just refile and add more fees and costs to the debt.
 

Taxing Matters

Overtaxed Member
Judgments in most states are enforceable for 10 to 20 years so, someday, when you least expects it, you won't be able to finance a house or car or get any other type of credit.

Under the federal Fair Debt Collection Practices Act (FDCPA) a consumer debt may only appear on a for a maximum of 7 years and six months after the debt was incurred. Unless the person is seeking a large loan the lender is unlikely to run court records to find a judgment that is older than that to use in making the lending decision. Bankruptcy filings stay on the credit report up to 10 years. However, after bankruptcy if the debtor has built up some good credit history for a couple years after the bankruptcy is closed the bankruptcy won't matter much. The creditor is more interested in what kind credit the borrower has around the time the loan will be granted, not what it was years before.
Even on the remote chance that you (very remote) that you get the judgment set aside, the debt doesn't go away.
That depends on the reason for vacating the judgment and what the court order says. For example, in my state if the creditor obtained a default judgment and the creditor screwed up in following the rules for serving the debtor the creditor will be out of luck if the statute of limitations for filing the claim has run out. In that case, there is nothing the creditor can do to enforce collection of the debt it alleges the debtor owes.

For the OP: the details of the debt, the judgment, and what reason you have to ask the court to vacate the judgment matters both for determining whether it's possible at this stage to get the judgment vacated and how good a defense you have to the creditor's claims if the creditor is eligible to refile the compliant (with the errors made the first time around corrected). I don't have that information and therefore can't tell you if it's possible to get it vacated, how long it would take, how complex the process is, or whether it's worth the fight at this point.

Debtors who are not lawyers do sometimes succeed in getting a judgment against them vacated. If the creditor made an obvious error and the debtor is able to find it and point that out to the court that will have a pretty decent of getting vacated. But if the reason to vacate the judgment involves some significant legal analysis or requires a hearing before the court will decide the matter then the odds against the debtor start going up. If you've found a slam dunk reason for getting the judgment vacated you probably succeed on that by yourself. Otherwise, it may be best to get the aid of an attorney.
 

GabrielFlynn

New member
Thanks to everyone who replied earlier—you were right about needing a legitimate reason.

I just got the default judgment vacated. Brought my reason straight to the judge, laid it out, and—they didn’t even show up. Seriously. Midland and their attorneys? Just… absent. I was shocked.

Is that normal? I honestly didn’t expect that.

Then came the original debt trial. I filed a Motion to Dismiss—and again, they missed the response deadline. I couldn’t believe it. Felt like I was in a cartoon courtroom or something.

I’m doing all this pro se and just taking it one move at a time. Not here to flex, just to say: some of this stuff isn’t nearly as impossible as they make it seem. I’m learning that when you press them with facts and timing, a lot of the smoke clears.

I’d love to hear if anyone else has gone up against a big collector and had moments like that—where they just disappeared, messed up filings, or dropped the ball completely. Is that common once they realize you’re not bac
king down?
 

zddoodah

Active Member
I just got the default judgment vacated. Brought my reason straight to the judge, laid it out, and—they didn’t even show up. Seriously. Midland and their attorneys? Just… absent. I was shocked.

Is that normal?

What does it matter if it is or isn't normal?


some of this stuff isn’t nearly as impossible as they make it seem.

Who are "they"?


I’d love to hear if anyone else has gone up against a big collector and had moments like that—where they just disappeared, messed up filings, or dropped the ball completely. Is that common once they realize you’re not bac
king down?

These forums are for legal questions, not sharing stories.
 

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