Legal Question in Credit and Debt Law in California

Judgement filed without me knowing

I received a letter from GFCS stating I needed to contact them in early Feb. Upon calling I found out I owed $240000.00 in a default judgement. They claim they served me, but they did not. I now have this debt that is $19000.00 more than the original c.c. balance. They will not budge. I will pay what I owe on the bill, but I am not paying the $24k. They also have only put about $3500.00 into it after purchase and fees.

Can I do anything to get this judgement taken off???? They insist I can't! because I did not show up at court. BUT, I did not know about it.

Also, I need to get them to agree to let me pay much less than the $24K. They said I can pay 5 payments of $4k and they would write the rest off. I can not do that either.

Please help!!!

Asked on 3/05/09, 7:52 pm

2 Answers from Attorneys

Joshua Swigart Hyde & Swigart

Re: Judgement filed without me knowing

We deal with this collection agency all the time. If you were not properly served you can get the judgment set aside. You need to take action pretty quick. Those cases are defensible.

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Answered on 3/05/09, 8:24 pm


Re: Judgement filed without me knowing

You you may have the judgment set aside if it is less than six months since its entry. Once it is set aside you defend or settle the suit. Contact me directly.

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Answered on 3/06/09, 1:01 pm

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