Legal Question in Credit and Debt Law in Indiana
My husband was sued and did not show up to court. He actually owes $36,000.00. In an attempt to make him go to court, the lawyer changed the amount to $100,000.00. In which a default judgement was placed against him. As of right now, he has almost paid her the "real" amount of $36,000.00 owed. The plantiff says she really only wanted the amount owed, however can not afford to go back to her attorney and amend the amount she sued for. Is there any way to change the judgement amount? She is willing to sign anything attesting to the actual amount.
2 Answers from Attorneys
You are talkinmg about $64, 000.00. That is a lot of money. Hire counsel to assit you so that yo ucan obtain some finality.
Your question illustrates why it is so important to ALWAYS show up to court, as I explain in my blog here:
http://mdconsumerdebtcollection.wordpress.com/2010/07/15/always-go-to-court/
It is obviously too late for that now, but you are very fortunate that the plaintiff appears willing to accept what you have paid rather than the entire judgment amount. You should hire a lawyer -- this will probably only cost a few hundred dollars -- to draw up the papers necessary for the plaintiff to "release the judgment" based on what you have paid, and to have the papers filed with the court. Please hire a lawyer to handle this -- it is too much money to do this on your own, and you have seen what happens when you ignore things or don't do them the right way. Good luck.
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