Consumer Law

How To Not Beat A Default Judgment In An Alabama Collection Case

By M. Stan Herring

Sometimes we learn by understanding the right way to do something.

Sometimes we learn by avoiding the wrong way....

When we are talking about a default judgment from an Alabama collection lawsuit, here are some of the wrong ways to overturn a default judgment:

1. Pretending it didn't happen. It did.

2. Thinking that judges know about all of the bogus collection suits so the default judgment doesn't mean anything. It means everything . . . it means you have a judgment against you.

3. Fantasizing that the collection lawers (Zarzaur, Nadler, Nathan, Holloway & Moxley, Ingram, etc) won't really garnish your wages with a collection judgment. They will . . . they are masters at finding your money and taking it and when they have a judgment they have the right to do that....

4. Hallucinating that the judge will make the collector or debt buyer prove they own the debt before garnishing your wages when you have ignored the lawsuit and received a default judgment. After the judgment it is a done deal.

5. Repeating over and over to yourself that "I'll pay when they prove they own the debt or that I owe the debt" -- uhmmmm..... that happened in the judgment!

There are ways to defeat a default judgment (here is one example) but you need to get with a lawyer ASAP so you can articulate your valid defense, why you allowed a default judgment to occur against you, and you need to take immediate action as there are strict deadlines. Do all of this and you have a chance to overcome it.

Just pretending or dreaming or hallucinating one of the five things above? Not a chance.

If you have had problems with debt collectors, or have been harassed by one, and have questions or concerns, feel free to contact us through our website or by calling 205-879-2447.

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Full post as published by Alabama Consumer Blog on November 22, 2010 (boomark / email).