Hey ontrack my fiance's sister has a judgement against her from capital one bank. The original balance for the credit card was 800, it is now 1800 with this judgement, and yes she is guilty. here is my question, do you think that if she called Capital One and set up a payment arrangement with them they would accept? or is it out of their hands now because of this judgement? although she was never served(I think they served her at her old address in new Jersey) she lives in Florida now.
"Guilty" is not accurate, since being in debt is not a crime. Responsible may be more accurate. Was the suit filed within SOL? Was $1800 a reasonable amount to be due on the original $800 debt, adding interest up to the judgement, and any interest allowed by state law after the judgement? In other words, is it worth it to go down the path of vacating the judgement based on lack of service? Or if you did, and they refiled, would they likely obtain a similar judgement?
If the judgment could be vacated it behoove them have it vacated even if another judgment was likely. It would at least give them a chance to negotiate a settlement and avoid the judgment all together.
