I've Recieved a Default Judgement, What Are My Options

[blue312]

My question involves judgment recovery in the State of: Kentucky

Last November (2011), I received a Civil Summons on a defaulted credit card. The constable showed up at my house during a slightly inconvenient time. I had just had 3 wisdom teeth removed through surgery maybe 5 hours prior to him being at my front door. I was quite out of it, and quite confused about the situation. I remember trying to ask him what I should do (though he wasn't able to understand me very well). I remember him saying that I should contact the creditor (or debt collector), and ask for proof of the debt, and then attempt to set up payments with them.

Having a face full of gauze and being on pain medication, I decided to wait a day or two before I attempted to do anything about the situation. Of course, I managed to misplace the summons paper during that time. I still have been unable to find this paper. It may have accidentally been thrown away. I really don't know. But I was able to remember that the company's name was "portfolio recovery". I looked this up online, and contacted them over the phone. I requested that they send proof of the debt, and then I would attempt to set up payment options with them.

My next irresponsible move, was waiting to receive this proof of debt. I honestly did not understand the implications of the original summons. I assumed that until they could prove the debt was valid to me, that I was okay. Obviously, I never received this proof And now I am certainly not okay...

Last Friday I attempted to use my debit card for gas, and was unable to do so. When checking the mail that night, I found that I had a letter saying that the case had been "default judgement". I'm positive that this is why I was unable to use my bank account.

Now, I'm at a loss as for what I should I do. I need a bank account in order to pay my car insurance. If they garnish my wages (which are not deposited directly into the frozen account, but do go onto a card that acts as a debit card), I would be unable to continue to pay for my vehicle, let alone the gas to drive it (I have a 30m to and from work drive. And we all know how the price of gas is doing.)

I couldn't possibly afford to continue working if they take my paychecks. I can't continue to drive to work if I am not insured. I can't pay my insurance without a checking account.

I'm very young (23), and very confused by the entire situation. I am not sure where to start in fixing in this situation, who I need to talk to, where I need to go....I have considered talking with members of my church for help in this situation, but even if I was able to come up with the full amount to pay this debt off, who would I need to pay that too? I would be afraid to send the money directly to the creditor.

I need help What steps should I take to start amending this situation?

[Mr. Knowitall]

You can explore with your bank, and may be able to determine from online banking, whether your account has been garnished.

You can contact the judgment creditor to see if they will settle the judgment debt and, if so, for how much. You would want them to commit to filing a satisfaction of judgment following your payment, and would want that in writing. If your state permits wage garnishment, they may well attempt to garnish your wages.

[blue312]

Thank you for your reply!

I am almost certain the account has been garnished. When I log into online banking, the account isn't listed. When I try to call to check the balance, my PIN number doesn't work.

And by judgement creditor, I'm assuming that means the plaintiff? I am very concerned about dealing with them. I'm afraid that upon any payment I send to them, that it won't be credited towards the balance. I don't trust companies like this. If I contact them directly, should I ask them to send me something in writing about an agreement for payment before I send a payment?

[Dogmatique]

I think you need to talk to the bank first; a bank levy would not (ordinarily) make the account disappear. You simply can't get at the funds.

It could be nothing more than a glitch.

[blue312]

I haven't talked to them yet, When i tried to use the card it was late at night (I work third shift). When I got home that night (morning), and checked my mail, I saw the default judgement letter. I honestly assumed based on the timing, that it wasn't a coincidence, and that the letter would explain the bank account.