QUESTION
How do I respond to civil judgment in a credit card case?
Asked on Jan 22nd, 2013 on Bankruptcy - Florida
More details to this question:
Judgment was awarded to credit card attorney. The Judge stated that I did not file an affidavit. In court docs, it states there is an Affidavit that I filed and I just found out that the OCC is still investigating and has been because of the servicing issues of the credit card company. How can the credit card company file suit with an on-going investigation?
3 ANSWERS
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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On going investigations wouldn't stop the company from filing lawsuits unless they were specifically ordered not to...which is rare. You need to speak to an attorney in your area to discuss what your options are for handling this matter.
Answered on Jan 28th, 2013 at 10:24 PM
It is hard to comment on your fact scenario without reviewing the court documents. However, to the extent you cannot get the default "set aside", the creditor's lawyer will likely attempt to garnish your wages or your taxes to satisfy the judgment.
Answered on Jan 28th, 2013 at 7:44 PM
Insurance Litigation Attorney serving St. Petersburg, FL
Partner at
Gallagher & Associates Law Firm, P.A.
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You need to worry about the lawsuit in front of the court and not the OCC. The OCC is not going to advocate for you in the lawsuit and you need to make sure to protect your rights in the suit.
Answered on Jan 25th, 2013 at 10:34 AM