05/09/12, 9:09 pm
I recently found out I have a civil judgement against me in Michigan from an old car loan. I now live in Florida. I never received a summons to go to court (they sent the summons to an old dorm address from college - 3 years old) and a default judgement was entered against me. I don't dispute the debt I owe and would like to work out a payment plan but I don't want the judgement on my credit reports. Should I try and get the motion vacated for improper service and then negotiate a payment plan? Or contact the plaintiff's attorney and just accept the judgement and try a payment plan now?
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United States   |   Michigan  |  Credit Debt and Collections Law
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Kevin Bessant Says:

Jun 04,2012 11:52 AM

Having the Judgement vacated and having the judgment removed from your credit report are two separate things. Having your Judgment Vacated or having the Default Judgment set aside means that you have petitioned the court to have your case re-opened by the judge giving good cause or reasons why the default judgement should be lifted. If lifted or set aside, then the creditor in this case must put their arguments for payment back before the judge, and you will have an opportunity to make your arguments to the judge concerning why you have not paid or convey your intent to pay. Often times Judges will allow you to enter into an out of court payment arrangement to pay off the creditor. A credit reporting agency by law must record true and accurate credit information on your report. Once the Default Judgment was entered, and this information was provided to the credit bureau, the bureau was correct in reporting it. The only way to have this removed is to contact the original creditor to see if they will remove it once paid. or to dispute the validity of the debt with the credit bureau. You can have an attorney perform both processes for you.

Any legal advice given or legal questions answered via this medium does not constitute an Attorney-Client relationship and or Attorney-Client Privileges.

Kevin Bessant
Law Office of Kevin Bessant & Associates PLLC
1274 Library St. Suite 304,Detroit, MI 48226

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