can I get judgments vacated?

Third party collectors have placed liens on my house for unsecured credit card debt that were written off in 2006.I didn't receive notice and didn't know I could be sued for my house on unsecured credit cards in Newnan Ga.Is there any way to make these collectors prove they own the debts because we have unethical proof of the way they went about it especially since I retired from 30 years of teaching kindergarten? Suicidal in Newnan!!!

Comments for can I get judgments vacated?

Click here to add your own comments

Sep 10, 2010
Vacating judgments
by: Anonymous

So sorry to hear about your troubles.

Many third party debt collectors are in the business of collecting on debts that creditors wrote off as uncollectible, and some of those collectors may sue the consumers who owe the debts in an effort to get a judgment against them. If the collectors win their lawsuits they can ask the court for permission to put a lien on consumers' homes or other assets they may own. This sounds like what has happened to you.

There are a couple issues related to your situation. First, you should have been officially notified about each of the lawsuits that were filed against you. If you were not, then the third party collectors who sued you broke the law and you should get in touch with a consumer law attorney in your area who has experience helping consumers resolve problems with debt collectors. Find out how to get FREE or low cost legal advice about debt collection from a consumer law attorney here.

Unfortunately, many consumers are notified of a lawsuit against them, but they do not respond to the notice and do not show up in court on the day of the hearing related to the lawsuit either. As a result, the judge grants the plaintiff in the lawsuit a default judgment against the consumer.

Another issue is the age of the debts you were sued for. In some states it is illegal for collectors to sue to collect a debt after the statute of limitations on the debt has expired, while in other states they are prohibited from contacting you at all once the debt is too old.

Some unscrupulous debt collectors however file lawsuits against consumers over debts that are older than the statute of limitations and when they do, they may have broken the law. I don't know if this is the case with any of the lawsuits that were filed against you, but according to our sources, the statute of limitations on credit card debt in GA is 6 years after the date that you made your last payment.

Finally, the federal Fair Debt Collection Practices Act entitles you to ask the collectors for written proof that you actually owe the debts they are trying to collect from you. However, you must make your request, in writing, no later than 30 days after you are first contacted about a particular debt. Send your letter via certified mail with a return receipt requested. The collector is legally required to respond to your request.

Again, given your situation you should immediately contact a consumer law attorney. I also suggest that you purchase a copy of the ebook I co-authored, Debt Collection Answers, so that you can become more informed about your debt collection rights. You can read the first chapter of Debt Collection Answers online for free.

Best of luck resolving your financial problems!

Sep 10, 2010
Taking third party collectors back to court !!!
by: swh22

Surely there's a way to keep third party collectors from taking your homestead from a retired teacher for unsecured credit cards!!!Even if I do it myself, Prisoners do it!!! lol!!!

Sep 10, 2010
Wasn't served!!!
by: swh22

My ex-husband was at the house both times summons was served,he signed and misplaced papers, He had no idea of what was going on and therefore I didn't know to answer summons which I wouldn't have anyway because I had written to original creditors and they had been written off!!! I retired in 2004 and fi fa's judgments were in court house for filing!!! I still don't think Supreme court has filed either Fi Fa from Portfolio and Unifund but Emmett Goodman has!!! Court clerk had misplaced Fi Fa's and said portfolio or Unifund hadn't paid for filing,It's been a year fi fa's have been laying in clerks hands!!!

Sep 10, 2010
swh22@charter.net
by: swh22

One of these collectors,LVNV said they were the purchaser and assignee of credit card debt,to my knowledge collector can't be the purchaser and assignee of unsecured credit card debt!!!I don't think the have lawful right to have a lien on my Homestead!!! Same goes for Portfolio and Unifund!!!The Judge that signed the FiFa judgment is a friend of mine and says he doesn't even look at those judgments he signs!!! He was a close friend of my Dad that died from Leukemia!!!People need to have a chance to defend themselves especially having taught youngsters for 30 years and my students still know me and express their love for me!!!

Reply from DebtCollectionAnswers.com:

Please consult with a consumer law attorney. If the debt collector broke the law, you may be able to have the judgment vacated, and you may be able to sue the debt collector. But you need to get legal advice.

Sep 10, 2010
No court Date But big judgment!!!
by: swh22

You keep saying did not show up in court on the day of the hearing related to the law suit!!! Well let me say again I did not sign the complaint summons and the complaint summons did not have court date for a hearing or that a lawsuit was being brought against me!!!LVNV Funding says they are Assignee and Purchaser of debt,(they can't be both) LVNV awarded $7488.91 plus interest($9518.37), original debt was $1380 written off 2-2006!!! The FiFa that was filed had no property description!!!Looks to me like they can do anything they desire!!!

Sep 01, 2015
Judgment on house
by: Anonymous

A bank that is no longer in business (MBNA) has a judgement on my home in Florida. This was in 2005-2006. I have never heard from them and wonder if there is a statue of limitations. Anyone know?

Reply from DebtCollectionAnswers.com:

Judgments often have a longer statue of limitations and can be renewed. But at the same time Florida has a generous homestead exemption. And given the number of foreclosures in that state over the past ten years it's possible this is a mistake. Start with the court and see if you can get more details. If you still can't ascertain whether it is valid, we recommend you consult a real estate or consumer protection attorney.

Click here to add your own comments

Return to Debt Collection Questions.

Learn how debt collection laws can help you!
This website does not provide legal advice.
All information is for educational purposes only.
Copyright 2007 - 2016 by Mary Reed and Gerri Detweiler.
All rights reserved.