Should I answer the Court?

Discussion in 'Credit Talk' started by sirrowan, Apr 17, 2003.

  1. sirrowan

    sirrowan Well-Known Member

    I am being sued in small claims court by my old insurance agency for $119 that was due in November.

    I owe them this money. They are serving me at the home of my parents, which is the last known address they have for me. I do not live there. Can they inquire into my credit report to find my current address down the road? ( I never signed anything authorizing a credit check and is the main reason why I seeked insurance elsewhere).

    I knew it was them that was suing me. I called the courthouse and the rude lady told me that I had to pay the money owed plus filing fees by April 29, 2003 or a default judgement would be entered.

    Should I answer the court to gain time in coming up with the money? (I know it's not much, but I can't afford to pay them right now). Should I let them get their default judgement and then file to vacate the judgement because I was improperly served at the wrong address? Do I have to have a good reason, maratorial defense (sp), to file a motion to vacate the judgement?

    Please help!
     
  2. jlynn

    jlynn Well-Known Member

    I may have the wrong term - so forgive me. Try a search on consent judgments. I've read where some have worked out "deals" to pay the bill, and if they abide by their agreement, no judgment is filed. Seems something like that would be alot less expensive then the default plus the expense of filing a motion to vacate.
     
  3. keepmine

    keepmine Well-Known Member

    OR, ask the court for a continuance. Usually, they'll grant one if you don't ask at the last second.
     

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