Legal Question in Credit and Debt Law in Massachusetts
LNVA Funding won a judgement againest me because of default. I do not live where they sent the notice to show up in court. warrant was issued for my arrest. After finding out,I went to court to cancel the warrant. I told the court that I was filing a motion to vacate on grounds of not being notified. I have a continuance to june 28,2010. Can I still send a letter to vailidate or wait til I get a motion date? This is a scum bag Co. that took my 758.00 closed account from CapitolOne charge-off & It's now $3700.00. What can I do??
2 Answers from Attorneys
Retain an attorney to determine if they may have violated the fair credit billing act and/or to negotiate a settlement for an amount closer to the original debt plus only non disputable interst and costs. Good Luck!
You are doing exactly what you should be doing, but I am afraid you are going to make a misstep or mistake that could cost you. You need to file a Motion to Vacate the Default Judgment. You need to schedule the motion with the court. Once the underlying judgment is vacated, the supplementary process action will also be easily dismissed. Hire an attorney and get this taken care of.
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