Default Judgement Defense

Discussion in 'Credit Talk' started by tmeda, Sep 8, 2004.

  1. tmeda

    tmeda Well-Known Member

    Kinda Long Sorry!
    In 1995, I signed for an Institutional Loan with my college. When I left school my Perkins, and Sallie Mae loans were in the state of going into default. The collection agency for the college was General Revenue Corp. Through this agency, I consolidated my loans. They (General Revenue Corp) notified me that everything would be paid off and consolidated. In March of 2003, I filed a bankruptcy, when my bankruptcy attorney asked me for all of my debts etc. the college collection agency item for the institutional loan was in the stack as well. Well, needless to say, General Revenue Corp has turned my institutional loan to their lawyer (which in fact I believe should have been consolidated) and he gained a default judgement. Here's where it begins to get tricky. The lawyer sent the information to an address that I didn't live at in over two years (address was changed @ U.S.P.S) I in fact never got served nor did I have information that there was a court date. There are many problems with this! How did they gain a default judgement while I (which I at least think) was protected under automatic stay (Bankruptcy filing) I filed bk in March 03, default judgement was entered in April 03. I began to get garnished 1 month ago so I went down to the courthouse and filed an objection to garn. We got our day in court and the attorney (GRC's) told the judge that I couldn't consolidate the institutional loan under federal law. If in fact this is true then wouldn't that make the loan available to be discharged in bk. I haven't heard anything from this company until recent. To add icing to the cake, there is another collection agency collecting for the same exact loan that I believe was resolved. I pulled out my consolidation papers which had the college listed as well and the judge asked myself and the attorney to step in the hall and come to a resolution. When we returned, the lawyer (GRC's) stated that he had to review my documents to see that if in fact my the loan that I am speaking of is on the document) The judge gave him two weeks to do so. The case is adjourned from 09-01 until 09-15. What can I do? What if the lawyer goes back and says that my loan wasn't included and it couldn't be discharged in bk? I don't have a lawyer (Can't afford one right now)
     
  2. Kiyi

    Kiyi Well-Known Member

    Actually, it seems you weren't serviced properly and you should have had the judgment vacated.
     
  3. jam237

    jam237 Well-Known Member

    Check with your county's legal aid, or legal assistance services, you may qualify for free legal services based on your income.
     
  4. jam237

    jam237 Well-Known Member

    Check with your county's legal aid, or legal assistance services, you may qualify for free legal services based on your income.
     
  5. jam237

    jam237 Well-Known Member

    Check with your county's legal aid, or legal assistance services, you may qualify for free legal services based on your income.
     

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