My question involves judgment recovery in the State of: Indiana
Long story short, I got involved with a buy here pay here place after their primary dealership could not find a lender for the loan. They processed my loan thru their own buy here pay here place.
After a wage cut, I was 3 days late on the payment. They demanded the current month and the next months payment to avoid repo. I could barely afford $400 much less $800 so back the car went.
Was turned over to a local attorneys office/collection agency. They filed suit. Hearing was scheduled for July. I requested a continuance. Didn't know my co-signor needed to as well so they ended up defaulting judgement on her. I was granted continuance until August 14. Attorney and I came to an agreement a week prior to the hearing. Signed an Agreed Judgement. I called the court to confirm the agreement was filed etc. The attorney had made it a stipulation that the judgement would not be filed on me if I paid in according to the agreement and that he would keep it off my credit report. The court ran me around until this past Tuesday.
Tuesday I checked my credit report. Lo and behold, there was a default against me dated for July. I contacted the court. There was nothing in the file regarding the August hearing date. No letter noting that there was an agreement, nothing noting that neither myself nor the lawyer showed up. The clerk checked with someone else and did confirm that the lawyer did not show. Yet somehow, they are claiming the default against me from July even tho 1) I had a continuance and 2) I had an agreed judgement with the lawyer with terms clearly stipulated about my credit report. They agreed to that clause because I am paying 6 LARGE payments instead of $50/wk.
I contacted the lawyer and they told me they would file something that would make the judge correct the judgement. They said I would have a copy by weeks end. Needless to say, I received nothing.
What do I do? I have all the documents stating my continuance was granted as well as the agreed judgement. How can they backdate a judgement? Can I ask that it be dismissed on these errors? (wishful thinking I know!!) I'm just kind've stuck at this point and have zero desire to pay off this judgement as I agreed if they will not uphold the agreement we made.