Legal Question in Credit and Debt Law in Pennsylvania
judgement
we recently try to refinance our mortage and fond out that there is judgement that was enter in on april 16 2004 for a credit card that was not mine i have been told that the case cxan be reopend before may 16, we would like to handle this refince before i get started with my credit issues can you advise me i will probaly file bankruptcy after this is all done can i make payments for soimone to help us
2 Answers from Attorneys
Re: judgement
You can file a Petition to Open/Strike the Judgment within 30 days of the judgmeent. You have to show that you acted promptly after the Judgment was entered, that you have a reason for not disputing it when you could have, and that you have a valid defense to the suit filed by the creditor.
I wouldn't count on any refinancing being approved until after the judgment is off your record.
In addition, you may have an action the credit card company for unfair trade or debt collection practices.
Contact me if you'd like to discuss further.
Re: judgement
You should file a Petition to Open/Strike the Judgment within 30 days after the entry of Judgment. The Court will need to know that: 1.you acted promptly after the Judgment was entered; 2. You have a reasonable excuse for not disputing this action on time; and 3. you have a valid defense to the underlying suit. It probably will not be possible to close on any refinancing until after this Judgment is off your record. Also, you may have an action against the lawyer and/or the credit card company for unfair trade practices/unfair debt collection practices. Please contact me or my long-time Associate Attorney, Joel Hausman, Esq. at this address. Good luck.