Legal Question in Credit and Debt Law in Missouri

Appealing a Collection Agency default judgment

For more than a year we had a dispute with a collection agency and they threatened legal action. Even though some of the debts had been paid they continued collection activity. We were served papers for a lawsuit and we took care of all of the debt except for what we still disputed. They said they would continue the suit until they could get us itemized billing, we never did get the itemized billing and they won a default judgment. They also sued my husband for my bills and for what we had paid. They have since obtained a garnishment. What, if anything can be done?


Asked on 2/08/02, 6:34 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: Appealing a Collection Agency default judgment

In the first place, you should have hired an attorney to represent you when you were sued. You would not be in the situation you are in now.Depending upon various factors, such as how long ago the judgment was entered against you, how you can prove that the attorney for the creditor lied to you leading to the default judgment being entered, and other things, you may be able to file a motion to quash the garnishment or perhaps a motion to set aside the default judgment. Any chance you might have at sucess at this late stage will depend upon your hiring competent legal counsel as soon as possible. The cost of the attorney's services may outweigh the expense of paying debts that you feel you don't owe, That decision is up to you. If I might be of service you may call me at 314-727-2822.

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Answered on 2/08/02, 7:48 pm


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