Hello! I hope someone can help My Husband and I just found out on 12/31/2010 he had a default judgment against him since 2002, and how we found that out was the bank said acct bal was zero he was like i just got paid what do u mean zero. So they gave us the number of the collection agency. We contacted them and they said you owe 19,000.82 cents I was like for what they was not able to give any more information but there was a judgment since 2002. He was never severed with a summons a claim or anything once we showed up at the county clerks office we see that it was for a car he brought in 1997 and they filed a claim in 2001. I'm no lawyer but there was no activity with this case after 5/28/2003 until 12/31/2010 We filed a writ of garnishment and a motion to set aside the default judgment. Now I don't know what to say in court other than he was not served I think it is unfair and this collection agency is not the one he owes..Any help will be greatly appreciated.
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you need to get a lot more information about this claim. He was served (perhaps fraudulently), so find out about how and where the plaintiff claimed to have served him.
Most attorneys will give you some free advice on your first visit....I would certainly go to one.
I also believe you might find some help at http://www.freelegalaid.com/
Search for your state and find an organization that can help you.
I think this is something that can be fixed but you do need to talk to a professional....
One more piece of advice. Talk to several professionals as everyone has different strengths and knowledge and you will have a better idea on how to handle it.
Best of luck to you and so sorry that you are in this situation.
TD