Legal Question in Credit and Debt Law in Virginia
Credit card judgements
5 years ago a friend of mine offered to pay off a credit card company for me ,to help me get out of debt..I called the company and told them I had someone who was interested in settling my accts...I had three accts with the same card company...The lady said yes I see you have 3 accts with us...All are two months behind in payments..One large one and two smaller ones..Then she stated a figure for a settlement...This settlement was done over the phone..I later got bills for the two little cards..I called the card company and they said they had only made settlement offer on one card...One law firm is just now seeking a judgement against me for one of the smaller accts..I contested it...Do I have a leg to stand on with the argument that they were notified of my inability to pay years ago and I asked for a settlement and got only a partial settlement?...Also the other little card was placed with a credit collections firm then sent back to a lawyer to get a judgement..The judgement was granted for 12% 100 miles from my residence preventling me from going there to contest the judgement or the amount of interest...Can I do anything about any of this? Thank you
1 Answer from Attorneys
Re: Credit card judgements
Regarding your last question, if you were served with proper notice as to the last proceeding, and for whatever reason failed to appear, it's unlikely that the court would now agree to set aside the judgment that was entered against you.
Since, apparently, you received nothing in writing from the credit card company regarding the alleged settlement for all three accounts which you believed had been worked out over the phone, the answer very likely is the one you don't want to hear, i.e., your "one-legged" defense, so to speak, would appear awfully shaky from a legal perspective(in my opinion, of course).