Voluntary dissolution of writ of garnishment

Hi, I'd appreciate any insight into my situation.  I had a Chase credit card go bad.  They sued me and won a default judgement.  Froze my bank account.  I hired an attorney who filed a claim of exemption because I was the head of family supporting 3 children on my own.  (I left an abusive marriage.  I had restraining orders and everything)  Anyway, Chase did a Voluntary Dissolution of Writ of Garnishment and that went away.  I want to file a motion to vacate the judgement.  Can I?  Do I need to go back to my attorney?

It really varies by state and most have established deadlines for filing to vacate in a default judgment. Also, if the debt is yours, even if you are successful in getting the default judgment vacated because you weren't properly served or have a valid reason you couldn't appear, etc, Chase can refile against you. They may not be able to garnish but they can win a suit against you. In most states, judgments can be renewed collectible for years...my state allows 20 years. The other kick in the teeth is that if they renew the judgment years down the road, the CRAs are allowed to continue to report them as long as they are enforcable. I believe they can report for 7 yrs 6 months from filing if paid. If not paid, they can report beyond that if they are still enforcable in your state.
If you can get the judgment vacated, it would be best for you to settle, pay, or set up a payment arrangement to prevent them from just getting another judgment if the debt is yours and valid and within SOL.
I would definitely consult further with your attorney. Good luck!!

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