Legal Question in Credit and Debt Law in California
Judgement Lien
I was an officer of a Corporation that had an account with American Express. The corporation was unable to pay the bill. A. E. filed suit against me personally (DBA as company), obtained a default judgement since I didn't appear at court, and placed a lien on my residence. They never filed anything against the corporation. I think this was inappropriate since it was a corporate debt. This was not a sole propriartership, but a ''C'' corp. The judgement is about 18 mos. old. How can I get this judgement & lien removed
3 Answers from Attorneys
Re: Judgement Lien
You must file a motion to set asside the judgment immediately as strict time limits apply. Contact me directly for assitance.
Re: Judgement Lien
If you didn't know about the lawsuit at all, a lawyer might be able to help by asking the court to do equity. The sooner the better. If you did know about the suit at any time, even before default was entered, then you might be out of luck. It all depends.
You might also consider negotiating with the collection attorneys for American Express about a payment plan.
Re: Judgement Lien
If you were properly served with the lawsuit, but simply decided not to respond, it may be very difficult to get out of it. There still may be a few ways to somehow get the judgment vacated, but you need to talk to a lawyer soon to see if that's possible. Feel free to contact me if you would like to discuss this further.