I Was Told I Did Not Have to File an Answer, but Judgment Was Still Entered

**vickifabrycki** · 06-12-2011, 07:17 PM

My question involves collection proceedings in the State of: Louisiana

I received a letter about a suit. I called the attorney and faxed over a proposal for payments with the company. I asked the law office twice if I had to still file an answer. I was told no. They told me they would contact them to see if they accepted the proposal and would contact me back. I did not hear from them for approx 9 days and received a judgement against me. I do not understand why a judgement was filed against me, when I was told I did not have to file the answer. Is there a way to contest the judgement, not the payment of the debt. Or do I just accept this and move on. I am angry that I was lied to, but of course we knew this could happen when we stopped paying this debt. We tried working with this company when our financial problems started, but they were not interested. Also, do they automatically garnish wages or am I able to make payments? Thank you.

jk · 06-12-2011, 07:45 PM

I do not understand why a judgement was filed against me, when I was told I did not have to file the answer.

because when you do not file an answer, the court gives the plaintiff a default judgment.

Is there a way to contest the judgement, not the payment of the debt.

what would the point be? If this is your debt, what would you benefit by having the judgment vacated? Presumably you would lose even if you presented a defense.

Also, do they automatically garnish wages or am I able to make payments?

you can ask if they will accept payments.

how much they can garnish and what property they can lien or seize is located here

**vickifabrycki** · 06-12-2011, 07:58 PM

Thank you. I just don't understand why their lawyer told me I did not have to file an answer. I called them before I faxed over the proposal and called after to make sure they received it. They said they would submit my offer to the debtor and then contact me and they did not.

jk · 06-12-2011, 08:11 PM

Well, they weren't incorrect in the fact you don't have to file an answer. Of course, they failed to tell you they were not going to dismiss the case which means they would get a default judgment.