If the ccourt already made default judgement, is it too late to work something out with attorney?

Get Legal Help Today

 Secured with SHA-256 Encryption

If the ccourt already made default judgement, is it too late to work something out with attorney?

A law firm representing a credit card company that I have a debt with has already been to court and won default judgement because I did not contest it. I know now that this was a mistake. With their default judgement they are able to garnish my bank account, however they froze the assets of the incorrect account. I contacted the attorney and I offered to work out a payment plan. He said he would wait to hear back from the incorrect bank and give me a call to set up a payment plan. Is this still possible? Will they be willing to work with me or is he misleading me?

Asked on May 24, 2012 under Bankruptcy Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Legally, you *can* still work out a payment plan or schedule--there is no law preventing the credit card company from entering into a settlement with you, even post judgment. The problem is that since they already have the judgment in hand and have alread spent the money to obtain it, they little incentive to settle, and you have very little leverage. It's worth trying, but don't be surprised if they won't agree.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption