Legal Question in Credit and Debt Law in New Jersey

My roommate failed to pay her Capital One credit card. She just got a letter in the mail from her bank saying that her bank account has been frozen and all of her wages garnished until the $4,000 has been paid to Capital One. However, she was never served with any court papers- nothing about a court date or a judgement According to the paperwork the bank sent her, Capital One filed in September 2011, and judgement was given December 2011. She never received any paperwork from the court. Is this legal? Didn't she have to be notified about this by certified mail? What's the best way to handle this?


Asked on 6/11/12, 8:48 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

She can apply to the court to have the default judgment vacated. That will give her a chance to answer the Complaint and present any defenses. To have a default judgment vacated, a defendant must show excusable neglect in answering the complaint (such as not being served) AND a meritorious defense. Since you say that she did not pay the credit card she might not have a meritorious defense. She may want to consult a business lawyer in your area and get an opinion on that.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 6/11/12, 9:36 pm


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