Legal Question in Credit and Debt Law in Florida

About a judgement

Ihad a judgement put on my home from a collection agency. They never notified me and never served me with any papers. has the law changed.? I need to know how to get this judgement off my record and my home. Please help??? I never heard of this in my life and niether did any one else I know.I hope to hear from a lawyer soon! I Always thought you had to be served that is what our county laws say and i wasn't. Are they doing this to everyone now. I am old and have no job or income. I think this was some kind of scam. Why would a judge sign a paper for a judgement when I was never served with any to fight this case.?

Thank you kindly,

EVE


Asked on 12/15/05, 6:13 pm

2 Answers from Attorneys

Samira Ghazal Ghazal & Gomez, P. A.

Re: About a judgement

If the dispute on which you are discussing was concerning a credit card, there should be a certificate of service in the file. That means for the judge to issue a final judgment that someone, with a proper license, has stated under oath that you were properly served.

If you want this judgment resolved, you will have to do some footwork. First you will need to get a copy of said judgment. Then, if it is within the permitted time, you may file a motion to set the judgment aside. Please note that under certain circumstances, a judgment does NOT attach to your home. If you are trying to sell your home their is a procedure in which you can have the judgment ignored because of the "homestead Protection". Given these variables, I suggest that you get a copy of the judgment and contact a local real estate attorney to review the details.

Please note, that this discussion is based merely on general law. I can not render a legal opinion concerning the facts you presented and/ or the merits of your case.

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Answered on 12/15/05, 11:01 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: About a judgement

The alleged judgment is against you and not your house. Have determined that in fact there is a judgment against you? It might be a scare tactic. If it is a scam, you a valid claim against the agency and the collector. If it is real then you need to make application to the court to vacate the judgment. You should retain counsel for this purpose.

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Answered on 12/15/05, 6:26 pm


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