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Default Judgments and How They Happen

Credit card and a pen

The reality between bank advertisements enticing you to take out amazing new credit cards and how you may end up feeling once you are in debt are vastly different—but certainly no one has delinquency or default judgments in mind at first.

Credit Cards Are Often Maxed Out During Difficult Times

You may have been drawn in for a second or third card while shopping online at your bank, checking out a glossy ad demonstrating a handsome, hip young couple making coffee in their kitchen as the early morning sunlight streamed in. Along with their already perfect lives, they were enjoying low interest rates and a long list of attractive rewards and points. What those ads do not ever depict, however, are the many other individuals and couples who are struggling with devastating illness, challenges with their careers, crushing student loans, expensive and heart-wrenching divorces, and other problems. These consumers are using credit cards for far more than just the rewards—and worries about the low interest rates may have been thrown out the window long ago too. Sound familiar? You may be one of the many consumers in the US who has been relying on credit cards to survive.

Debt Collectors Usually Do Not Give Up

Once the balances are reached—or even surpassed—the true ugliness of the credit card trap becomes apparent. And you may find that your credit card company has little mercy once you have become delinquent. While there may be programs that allow you to pay for a designated number of months without interest, or even offers to settle the entire credit card balance for a discounted price, if your income has become severely restricted, it can be hard to pay anything. You may feel stressed, helpless, and overwhelmed with calls from debt collectors. This is the best time to consult with an experienced law firm like Fitzgerald & Campbell, APLC to protect you from further action, and explore your best options for debt relief.

Failure to Respond May Result in a Default Judgment

You may find yourself ignoring the problem altogether. As they continue to try and collect, the creditor or debt collection agency may serve you with documents notifying you of a lawsuit regarding the debt. It is highly recommended that you respond; however, if you do not, the process will go on without you. The creditor or debt collector may request a default judgment against you and very likely it will be granted by the judge if you have not responded.

There may have been a valid reason why you did not respond. Perhaps service of the documents was not effected properly, and you did not even know about the lawsuit; in fact, some people don’t even realize they have a judgment against them for months or years. You may also have had another good excuse for not responding that can be explained in court. If so, your attorney can file for a motion to vacate (or ‘set aside’) the judgment—allowing them to litigate the case as if you were starting again at the beginning of the lawsuit. In the end, you may find the matter dismissed, or at the very least, settled.

Credit card and a pen

Contact Us for Help Now!

If you are worried about credit card debt, a creditor lawsuit, or default judgment filed against you, contact Fitzgerald & Campbell, APLC as soon as possible. We can review your case and discuss all the available options with you. Our attorneys have decades of experience in serving clients as they navigate through challenging financial situations, to include debt settlement plans, bankruptcy, and more. Let us review your case and discuss what would work best for you. We are here to help!

Call us today for a free consultation at (844) 431-3851, or email us at

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