Legal Question in Credit and Debt Law in Maryland

judgement

I fell 2 months behind on loan payments in July 2005. On July 29, I received a letter from an atty retained by creditor and on Aug 1, I found out that the atty had filed a suit against me. I received a call from the creditor after I was served court papers asking if we could work things out. I made arrangements to bring acct current and was sent a consent judgement to sign. I signed it and returned. Atty claimed they never received, so a judgement was obtained anyway. Atty never notified creditor about judgement, and I kept making regular payments to creditor, never to atty. Loan was paid off in March 2007. I asked to have judgement satisfied, and creditor had no clue about it. I asked him to call atty, and he did, and was told that there was a judgement and I had to pay court costs and atty fees before satisfaction entered. I contacted state of MD financial regulation to dispute. As a result, creditor paid atty fees and agreed to vacate judgement. Judgement was entered as satisfied, never vacated, so it still appears on my credit report. We would like to purchase a home and this is preventing it. Do I have any recourse against atty or creditor? Can I use letter from state to file motion to vacate judgement?


Asked on 5/29/09, 11:43 am

1 Answer from Attorneys
Paula McGill Attorney at Law

Re: judgement

It all depends on what the letter from the state says and what documentation you have regarding the agreement.

You didn't state if you contacted the creditor again to inform it of the breach of the agreement. The creditor may have just let it slip through the cracks. Before spending time and money on filing the motion, you may want to contact the creditor again -- in writing (certified mail, return receipt).

Filing a motion to vacate and waiting for the court to rule may take longer than simplying going to the creditor and demanding that it comply with the agreement.

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Answered on 5/30/09, 3:57 pm


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