Legal Question in Credit and Debt Law in Maryland
Judgement/Liens due to default on school loans
I took out a school loan from a non-profit organization when I was 18. My mother cosigned on the loan. I have been unemployed for 5 months and the loan is in default. My mother has received notice of a judgement against her. I am sure I have one on the way. I just sent the lender a payment of $50. Questions:
(1) Can a judgement be filed without a trial? Neither my mother nor I have received notice of a trial.
(2) Can resumming monthly repayment reverse the action of judgement?
(3) The balance of the judgement is for $5800 + fees, I have record of a balance of $5750. If the judgement is valid, how do I dispute the balance?
1 Answer from Attorneys
Re: Judgement/Liens due to default on school loans
1) Can a judgement be filed without a trial? Yes, it can. If you have moved and the creditor could not find you, it is possible that the creditor used an alternate form of service (such as posting) and you may not have received notice. However, if you have not moved and you were easily reachable, you should look in the court file and see what manner of service the Plaintiff indicates they used to serve you with the lawsuit. Judgment cannot be entered unless the court has been given evidence that you have been served with the lawsuit. Having said that, I will also say that it frequently happens anyway.
(2) Can resumming monthly repayment reverse the action of judgement?
No, it can't reverse it, however if you make arrangements to the creditor to make monthly payments until the debt is satisfied, once it is satisfied a notice will be filed with the court.
(3) The balance of the judgement is for $5800 + fees, I have record of a balance of $5750. If the judgement is valid, how do I dispute the balance?
IF the judgment IS valid, it is too late to dispute it. However, if you have evidence that you were not credited with a $50.00 payment, it is likely that the plaintiff's attorney will credit you upon furnishing the evidence.
I hope this answers your questions.
Carolyn G. Krohn
60 West Street, Suite 220
Annapolis, MD 21401
(410)280-5000