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For that purpose the judgment debtor should approach the plaintiff/judgment creditor or his/her/its attorney to obtain the written consent to rescission of judgment. There is however no requirement in law that obliges a plaintiff/judgment creditor to give a consent to rescission of judgment.
If default judgment has been entered incorrectly then the court will set it aside, although an application will usually need to be made.
Most judgments (the court order saying what you're owed) expire in 10 years. This means you can't collect on it after 10 years. To avoid this, you can ask the court to renew it. A renewal lasts 10 years.
Summary: If you are unemployed, have no assets or savings, and are being hounded by debt collectors, it may make sense to send a judgment proof letter to your creditors informing them of your situation.
Enforcing Your Judgment Get in touch with the judgment debtor. Levy (seize) assets that you have personal knowledge of. Examine judgment debtor in court to locate unknown assets. Suspend the judgment debtor's driver's license if the judgment is for auto accident.
Dear Creditor: Please provide me with verification of the debt which you state I owe. Please provide me with any records which are in your possession, including, but not limited to, all statements of each account, invoices, and any other documentation which I may have signed.
Unfortunately, my circumstances are unlikely to improve in the foreseeable future and I have no assets to sell to help clear my debt. I am therefore asking you to consider writing off my debt as I can see no way of ever repaying it. If you are unable to agree to this, please explain your reasons.
Unfortunately, my circumstances are unlikely to improve in the foreseeable future and I have no assets to sell to help clear my debt. I am therefore asking you to consider writing off my debt as I can see no way of ever repaying it. If you are unable to agree to this, please explain your reasons.