Vacating a Judgment is the term for removing a judgment. If you previously had a judgment entered against you, you realize how far reaching the effects of the judgment can go. It makes it almost impossible to get a loan, get credit, and purchase any large item on credit such as a vehicle or home. However, there is a possibility that the judgment can be removed and deleted. Below are common questions I often receive by clients seeking to vacate a judgment that was entered against them.
CAN I REMOVE A JUDGMENT THAT WAS ENTERED AGAINST ME?Yes. If you recently found out that a judgment was entered against you without your knowledge, there is a procedure where you can ask the court to review your lawsuit. If the judge finds that you did not receive proper notice or have a good reason for not appearing in the case, you can have the judgment removed.
HOW DO I FIND OUT IF A JUDGMENT IS ENTERED AGAINST ME?Most of our clients find out about a judgment if they are having problems getting loans, they can’t refinance or sell their home, or just received a wage garnishment or bank levy. Many clients also find out about a judgment if they review their credit report and discover a judgment on their credit report. As stressful as this could be, our office will do everything in our power to quickly file the paperwork to ask the judge to remove the judgment.
HOW IS A JUDGMENT ENTERED?In order to get a judgment, the creditor must file a lawsuit and properly serve you. There are many nuances to service, but one of our debt defense attorneys can help review the service in the court’s file to determine whether you were properly served. Once served, if you do not file a response or make an appearance, the court will enter a default judgment against you.
HOW DOES A JUDGMENT AFFECT ME?A judgment has serious consequences against the person it is entered as it can create a lien on your assets, requiring you to pay the judgment if you sell the asset – such as your home. In addition, a judgment is required to garnish your wages or levy your bank account. A judgment will also kill your credit score, making it incredibly difficult to get a loan or line of credit.
WHAT MY GARNISHMENT OR BANK LEVY?If the Court agrees to vacate the judgment against you, the wage garnishment or bank levy automatically gets removed as well, as the garnishment or levy requires a judgment. Additionally, if they have already withheld funds due to the garnishment / levy, they will refund you the withheld funds. If you would like to vacate a judgment or stop a garnishment or bank levy, contact the Law Offices of Joseph I Harrison at 347-770-0072 to speak with an experienced credit repair & debt defense attorney within the hour. We also offer a free case evaluation, so you can tell us about your personal situation and receive a call back from a staff attorney. We have extensive experience with consumer law and are dedicated to resolving our clients’ financial problems with cost-effective and friendly service. Our legal team can protect you from debt collection harassment and defend a pending lawsuit or garnishment, in addition to repairing your credit. Contact us today for the help you need.
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Law Offices of Joseph I Harrison
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