Follow These Steps When A Debt Collector Gets A Judgment Against You
If a debt collector sues you for debt and wins the case – or you ignore the case completely – the debt collector will win a judgment against you. A judgment allows the debt collector to come after you with highly aggressive tactics, including bank account garnishments, property liens, and property sales.
While this is a scary thought, there are some steps that you can take to defend yourself if a debt collector wins a judgment against you. We will look at what it means to have a judgment against you, as well as what you can do to defend yourself. Note that a judgment is not a demand from the court that you pay a debt in full. A judgment simply allows debt collectors to use additional collection methods.
Default Judgments Vs. Judgment/Arbitration Awards
When a debt collector files suit against you and you ignore the suit or don’t respond in time, the debt collector will be granted a default judgment. This is how most judgments are won in Pennsylvania. That is why we advise people never to ignore these suits.
If you have received correspondence from a debt collector regarding a lawsuit, contact an attorney at J.P. Ward & Associates. When you do, all future correspondence from the debt collector will come to us. If you do defend your case but aren’t successful, the debt collector will win a judgment/arbitration award.
How To Get Out Of A Debt Collection Judgment
In rare cases, you may be able to open a judgment once it has been entered (though it can be difficult). You may be able to open a judgment that has been entered against you if:
- The lawsuit was served improperly
- Defects appear on the face of the judgment
- The judgment is void (for various reasons)
If you believe that you have cause to open a judgment, contact the debt attorneys at J P Ward. We can advise you on the next steps that you should take.
How Long Does A Debt Collector Have To Collect On A Judgment?
One question that we are often asked is “How much time does a debt collector have to act on a judgment?” The answer is: “it varies.” If the judgment was entered in a magisterial district court, the debt collector has 5 years to record the judgment before it expires. In Pennsylvania, a debt collector has 20 years to garnish your bank accounts–if the proper procedures are followed. Bank garnishment is a rather complicated process.
In order to get a bank garnishment, a debt collector must file a writ of execution against your bank, freeze your bank account, then withdraw non-exempt funds. For property liens, a debt collector must renew the judgment every 5 years. To take out a lien against your property, the debt collector must first find your property, then follow the proper procedures. J P Ward’s expert attorneys can advise you further in this matter.