Legal Question in Credit and Debt Law in New Mexico

I have been going through a Debt Solution Program for the last 2 years. I was first with Hess Kennedy, and then they were sued by the Attorney General. I was contacted by Debt Solutions and continued in the process. I have recently been sent a suumons, by Gugliemo and Associates, and had a court date on July 2 at 9 am. I received a call from Gugliemo and was told a judgement was already made against me and I no longer had a court date. I had not received any paper work from the court about my court date being canceled. I called the court house and they told me the court was canceled and a judgment was made to the plantiff because just cause was not shown. I received an amended judgement on pleadings day before yesterday from the court awarding the plantiff. I called Gugliemo and tried to start a payment with them and Zach, laughed at me and said they were going to start garnishing my wages by abourt 25%. My queston is can they do this, and can I appeal the judges decision? Is it worth me getting an attorney of my own?


Asked on 10/15/09, 12:59 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

You can write a letter to the court explaining you did not receive notice that judgment was going to be entered against you, or that your hearing had been canceled, and ask that the judgment be set-aside. You should have an attorney if the amount at stake is more than five thousand dollars, as less that than is probably not cost-effective and you can represent yourself if you haven't a great deal to lose.

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Answered on 10/20/09, 4:38 pm


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