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  1. #1
    Join Date
    May 2008
    Posts
    7

    Default Default Judgement Entered

    My question involves collection proceedings in the State of: Texas

    My question is an update/follow up to my previous post titled Debt lawsuit in Texas which I reposted below.

    Thank you seniorjudge for your response to my previous post.

    Update:

    I contacted the court house because I discovered on the county clerk's website that a default judgement was entered on 5/30/08. I told the lady that it had also showed a trial for July 23, 2008. She told me the trial was no longer going to happen and a default judgement was entered on 5/30/08. I am assuming because I did not respond to the summons.

    My question is: Can I do anything to prevent this from going on my credit report? I will contact the attorney to offer a settlement or perhaps pay it all if no settlement can be reached. I'm pretty sure it's too late but just want to be sure there isn't a certain time I can pay it by to keep the judgement from going on my credit.

    Previous post:

    My question involves collection proceedings in the State of: Texas

    I had an auto loan and a signature loan at the same credit union. The auto was reposessed and the signature loan was automatically sent into default because I had the auto reposessed. This happenned in July 2006. The lawyer representing the credit union filed a lawsuit in October of 2006 to collect approximately $8500 for the deficient balance on the auto and approximately $8000 for the signature loan. When he filed the suit they were not able to serve me papers because I moved. In April 2008 the case went to a hearing to try or dismiss because of the aging of the lawsuit. The plantiffs attorney showed up to the hearing and the judge reset it for trial in July 2008.

    My question pertains to advice on what to do now. Should I call to try and settle this or is the attorney likely not to settle and just move forward with the lawsuit?

    I know what can happen if he gets a judgement. My home is protected and personal property up to $60,000 (married). I just don't want to hide from a creditor with a judgement on me for 10 years and possibly more. Do collectors frequently go after bank accounts in Texas?

    Any help is appreciated. I'm trying to decide what to do before trial in July.

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Default Judgement Entered

    Since they got a default judgment against you, it will go on your credit report. However, in some cases you can negotiate with the judgment creditor to "dismiss the judgment" in exchange for money. The judgment creditor will complete a form to dismiss the judgment & file it with the court. If the creditor is willing to do this, get all terms in writing. However, this isn't something that all creditors are willing to do.

  3. #3
    Join Date
    May 2008
    Posts
    7

    Default Re: Default Judgement Entered

    Will a dismissal remove the judgement from my credit report or just show the judgement but state is as dismissed?

  4. #4
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Default Judgement Entered

    You want them to remove it - it's a "pay for delete."

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