What To Do About A Default Judgment

welkin · #1 03-26-2007, 05:42 PM

I recently found I had a judgment entered against me in Michigan. It was for a credit card I had in MA, that I couldn't afford to pay on anymore at the time (5 years ago). They sent the notice to my old address (I've moved twice since, all addresses are in michigan though). Anyhow I only just got the notice from the court that a default judgment would be entered against me if I did not contest it within 21 days of Feb 28th (which was past when I got the notice).

My main concern is I don't want a judgment on my credit report. In another two years all my negative stuff will have fallen off. How long does a judgment stay on your credit report. If I pay now (I heard somewhere that you have a month to pay) can I stop it from going on my credit report? I also heard that I might be able to get them to have to give a new court date, since they did not deliver it to my current address (i haven't lived there for over a year and a half, I've had my driver license address changed twice, so my address should be public record...), and therefore I wasn't given due process to defend myself. Could I get it in a different court too, I'm now 40 miles away from the court were they entered the judgment?

Do I need an attourney or is this something I can sort out myself?

Thanks for any help ahead of time.

aaron · #2 03-26-2007, 06:27 PM

A Michigan judgment is good for ten years, and is renewable. In essence, assuming it is consistently renewed, an unsatisfied Michigan judgent can stay on your credit report indefinitely.

Having a default set aside isn't easy, even when the motion is timely.

How is it that the judgment got sent to you and received by you, if no prior mailings were received by you? If it was by virtue of mail forwarding, it seems that you should have received something prior to the judgment.

welkin · #3 03-27-2007, 04:21 PM

My mother still lives at my old address; that's how I got the notice (unfortunately not within three weeks). What do you mean when you say renewable judgment, if I pay them will they stop renewing it; then how long will it stay on my credit report?

Thanks.

aaron · #4 03-27-2007, 06:22 PM

If you pay them and there is a satisfaction of judgment entered, that will be reflected on your credit report. The entry showing the paid judgment will eventually drop off, probably after seven years.

If you do not pay it, it can be renewed in ten year increments and may stay on your report as long as they keep renewing it.