Monday, May 31, 2004

How to Win at a Hearing for Judgment

How to Win at a Hearing for Judgment

After missing several credit card payments, a creditor may threaten to sue you in court and acquire a credit judgment against you. Paying the money owed is the best method to avoid a judgment, especially since the judgment can stay on your credit report for up to seven years. But if you don't owe the money or already paid the debt, you can win at a judgment hearing and avoid a tarnished credit file.

Instructions

    1

    Show up in court. Missing your court date results in a default win for your creditor. The judge concludes that you owe the debt and he'll issue a credit judgment against you.

    2

    Hire a lawyer to represent you. If you don't owe the money, consult with a local attorney to help you win at your judgment hearing. Provide the lawyer with all needed information to support your case. Some debtors represent themselves in court, but knowledgeable attorneys know how the process works and they know what questions to ask in court.

    3

    Ask the creditor to provide proof that you owe the debt. If hiring a lawyer isn't an option, go before the judge yourself and ask to see proof that you owe the money. Original creditors can usually supply this information if dealing with a legitimate debt, but if a collection agency now handles the debt, the agency may arrive in court without documented proof.

    4

    Submit evidence to the court. Go through your bank records and pull copies of canceled checks to show the judge that you paid the debt in question, if applicable. If the lawsuit stems from a breach of contract claim, bring copies of original contracts to the hearing or confirmation of other written agreements between you and the other party to show that you don't owe funds.

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