Legal Question in Credit and Debt Law in Louisiana

I live in Louisiana and several months ago defaulted 60 days on an account with a credit union. I have since caught up payments and remained current for over 6 months. Recently I received a judgement filing from and attorney on this account and then received a garnishment notice. How can they do this when the credit union has been accepting payments and I have remained current on my accounts? I have tried contacting the attorney that filed the judgement but they will not return my calls. Please help

Asked on 2/17/10, 1:54 pm

1 Answer from Attorneys

Adam Lambert The Law Office of Adam S. Lambert

Something sounds amiss. If you really were current, they should not have filed suit. Also, there is a difference between a Judgment and a petition. Make sure what you have is not a petition. If it is, you can still file an answer and fight the claim.

If it is a Judgment (meaning they arleady have obtained a Judgment), call them and talk to them. Contrary to popular belief, most (MOST) collection attorneys are very easy going and easy to talk to. They are just doing a job and they don't go after people for spite or for the fun of it. If they see that their client is being paid, they are usually more than willing to do whatever it takes to make the case go away and keep their client happy.

If you did have a Judgment already ruled against you, you will want to do some other things:

1. Try to keep the Judgment from being "Recorded", if it has not been already. That will really scew up your credit.

2. If it has been recorded, make sure they "Cancel" it when the Judgment is paid off.

3. When the Judgment is paid off, get a "Satisfaction of Judgment" from the plaintiff and have the case dismissed.

4. Keep copies of everything!

Good luck!

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Answered on 2/22/10, 2:15 pm

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