Credit Card Judgement Against Me: How Can I Reverse This?
In 1999 I got a credit card and didn’t pay for it. I was contacted by a debt company trying to collect the debt in 2002 and I paid them (still have a copy of the letter too!).
I guess in 2005 they sold my account (even though it was paid) to another debt company, which works with a law office in Chicago. They filed a Judgment against me.
I just found all of this out and gave a copy of the letter to the collection company and the lawyers office. They said this was being cleared up.
Today I get a Wage Deduction Notice!! I have to appear on 2/17/2009 now!
I need help to get this cleared up.
Can somone help?!
I want the judgment reversed and for this to all go away. I don’t have a lot of money but I need help.
Please advise.
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Hello: You need to file what is called a “Petition for Post Judgment Relef” under section 2-1401 of the Illinois Code of Civil Procedure. Sorry for the jargon, but there’s no better way to state this. What this means it that you have to file a paper with the Court, serve it on the company who got the judgment against you, just as if it was a new complaint (with a Sheriff or other process server), state that you don’t owe the money anymore because you paid it before the claim was assigned to them. In other words, you have a perfect defense. You could then bring your defense before the court and possibly avoid the judgment.
This is rather tricky and you’d be better off getting an attorney to help you than trying to do this yourself. But it does seem that you have a very legitimate defense.