How to Defend a Judgment With a Credit Card Company

You have few options for defending yourself after a credit card company wins a judgment against you. You can buy time with some legal maneuvers, but eventually you must pay the credit card company or risk garnishment of your bank account or wages. Illinois Legal Aid reports there is simply no way to avoid the debt if it is legally yours, making a settlement your best option for defending yourself and resolving the issue.

Instructions

1

Consult with an attorney to determine if you have legal grounds for an appeal. Filing a "Notice of Appeal," leads another judge to conduct a review of the case. The judge will order a new trial if she agrees that mistakes were made in your case. However, the judgment stands if the judge denies your appeal. Although you can file the appeal yourself, you are probably better off having the attorney to study your case and write the appeal. Rely on the attorney's experience to find flaws in the case that could result in a new trial. Contact your local Legal Aid office to get a referral for an attorney.

2

File a "Notice of Motion to Vacate Judgment" if you received a judgment after failing to appear for your court hearing. The New York Times reports it is not unusual for people to fail to show up for credit card court cases. The lawsuit so stresses out some, they simply ignore the proceedings. Others complain they never received court documents, according to the Times. The advice of an attorney is advisable for this motion as well. The judge will likely deny your motion to vacate if your stated reason for missing your court date appears frivolous. The attorney can file the form for you and make a compelling argument to vacate the judgment. A favorable ruling will bring you a new trial.

3

Attend the new court hearing if your appeal or motion to vacate is accepted. However, it is likely the credit card company will win again if you really owe the debt and the opposing attorney proves it. If that happens, contact the credit card company to offer a settlement. A contact number will appear on your court documents. Offer to pay the full amount in installments, or negotiate a lesser amount -- perhaps 80 percent --- in a lump sum. The settlement agreement will protect you against garnishment. Get all the terms in writing before making a payment.