Legal Question in Credit and Debt Law in Iowa
I have a debtor exam scheuled for next Tuesday for an old judgment (2005) and am scared to death. I want to delay/continue the exam. An attorney told me to call the collection attorney myself to talk about getting it continued or making a deal with them.
Should I be speaking with them directly? I've heard that they will trip you up and lie to the judge, saying you agreed to things that you did not.
Once continued, I then want to put together a motion to declare the judgment void because of lack of Subject Matter Jurisdiction. After answering the lawsuit, I was not informed of court dates and plaintiff got a default judgment. He made a practice out of filing motions and informing the court that he had served a copy of the motions on me when in actuality, he did no such thing. Due process was violated.
I'm certain there were also numerous FDCPA violations in filing this suit (SOL, etc) so
1 Answer from Attorneys
If the judgment was entered in 2005 any effort to try and set that aside now is bound to fail-the time to challenge a judgment is severely limited.