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

UPDATED: May 24, 2012

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 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.

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