Help with Judgment issue

[longshot975]

What is the name of your state? SC

I have a few questions I was going to see if i could get some help with.

I had a "default judgment" issued against me from a bank I had gotten a used car from. I was unaware of this until I recently tried to buy a house because i showed up to court in 1998 on the date the complaint had to be there but was told that the date had changed to another date which my employer would not allow me off because I had taken that day off. I expressed to the court was there anything I could say or do that day and was told that there was nothing i could do i had to come back. I was unable to go back and like i said recently learned of the judgment because I never received any "default judgment" paperwork. The debt is scheduled to come off in 11/2008 and it was the only thing that stopped me from getting a home mortgage because the banks ( a different bank) lawyers were telling the bank that nothing could happen against the house, but the bank said they didnt want to risk it. Would it be best if I say the heck with it and wait another year or what?

I was researching and found out that there is an option to request a vacate of default judgment but cant find any information on the procedure (paperwork and time frame) you have to do this after the defualt judgement is entered in SC. Also I read somewhere else that if the judgment is a "default judgement" it can not be for more then what is listed on the complaint the defendant submitted to be issued to me. The judgement was $700 more then the complaint letter and said nothing about that was because of court cost, etc. It just stated 4300.00 when the complaint had 3600.00. Plus there is one part where the banks name isnt even spelled right in the complaint letter, there is no date on the complaint letter as to when it was served just September of 1997, where as the judgement states that the papers were served on September 18 1998.

With all that information is there a legal way to get this judgement removed or wiped off before next year. The bank itself is still in business but the person who filed the suit for the bank is deceased and I can not find any record of the original judge. Any help would be GREATLY appreciated.

I would appreciate any assistance. If you would prefer i would accept email at leegarner1975@gmail.comWhat is the name of your state?

 

[TigerD]

Simply pay the judgment amount plus interest to the estate of the OJC.

Or wait it out.

DC

 

[longshot975]

Any other opinions beside a debt collector

You realize that is why most people can not stand debt collectors because they are arrogant and twist the law to whatever they want to hear. Case in point I ask a simple question on where to located statues and the paperwork for a vacate of judgment. I was already aware of google and the ftc, but have done countless searches on both and came up empty handed that is why I checked this site. My feeling is if you gonna be a a--, then why even respond to a post someone has asked for assistance on. DEBT COLLECTORS SUCK, because its all about them and getting that money they may have paid 10 cent on a dollar for.

 

[mommyoftowboys]

I'm not sure

But I have a judgement against me, and while I'm not sure of any of the specifics, I do know that when I researched the judgements, they can place the judgement in court without you showing up. It's automatic if you don't show up. Also, it may "fall off" your credit report, but it is still there, even after the 7 years, especially if you have an attorneys office that will make sure to update the judgement (renewing the judgenment) And they can renew that judgement without giving you notification. (at least in the state of Florida they can).

My judgement doubled in the amount because we left it unpaid.

 

[Debt Guy]

I am not familar with SC law. Here is a link to SC statutes. I suggest you start reading at about Title 15 -- http://www.scstatehouse.net/code/statmast.htm

Your story is hard to follow. Regardless, most states follow some common guidelines -- First, there is a limit to how long you can delay before filing a motion to vacate a judgment. It many states it is one year.

Second, you must have a really good reason to ask for the judgment to be vacated. Generally, that means there must have been some defect in the original judgment -- usually service that did not comply with state law. So far as I know, not being able to take off work to attend court is not a "legitimate reason" in the eyes of the court.

I assume you are unwilling to obtain professional help (e.g. hire an attorney) otherwise you would not be asking strangers on the internet what to do. I would visit the courthouse and ask to see the judgment file. Ask the clerk if she/he knows what to do in order to get a judgment vacated -- most will not give legal advice and may not answer. Ask if the have a form that you can fill out to file for a motion to vacate. Sometimes the do. Ask to see a sample of a motion to vacate that someone else used and use it as a go-by.

I don't think you are going to have a lot of success here as this seems to pretty much be over your head. If it is really important hire an attorney.