Legal Question in Credit and Debt Law in California

HI,

I just want to know if I have any legal recourse or action I can take regarding a debt that has a judgment on it from a credit card company. Unfortunately, I did not know anything about how these things worked and did I not show up for the hearing. I was told by the attorney's who handle this for the credit card company, that I am now being charged interest daily for a debt that was originally $3000. Now it is over $5000 and growing.

I have been unemployed, living on family loans and social services, working occasionally and looking of course. I told the lawyers this information many times, I told them I could not make arrangements to pay anything until I have an income to count on. They said fine but know we are going to get you in the end basically. I would be fine making some arrangements as soon as I have work, I know it will be small though. I was told they could garnish my wages, which since I may only be working part-time may severely disable my ability to pay rent, bills etc. Is there anything I can do regarding the judgment at all? I was told no. Is this true? If not any other suggestions to work this out so that I don't have to pay the interest that is accumulating and just figure out a deal.

Thank you


Asked on 4/02/10, 2:21 pm

1 Answer from Attorneys

Bryan Becker Becker Attorneys

Yes, there is a process to have the default judgment "vacated". (California Code of Civil Procedure 473.5). We regularly handle motion to vacate a default judgment in credit card collection lawsuits, typically because the defendant was never served. If you would like more information, feel free to contact me via email or phone.

Regards,

Bryan

Becker Attorneys

877.201.8728

[email protected]

bbeckerlaw.com

http://californiadebtdefense.blogspot.com/

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Answered on 4/07/10, 6:20 pm


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