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bythedown · Posted: Fri Feb 01, 2008 2:19 pm Subject: case went to court

hi,

i just received a packet in the mail rendering judgment against me. i had been threated that asset acceptance was going to take me to court but i thought it was just that, a threat. however, i validated that it actually went to the court system by looking the case number up on the court website. this is my question: how do i handle this? supposedly they sent me a summons to court, which i swear up and down that i did not receive--i would remember having to go down to the post office and signing for it.
the s.o.l. has been long over with (or so i thought). before that, i was receiving threatening phone calls saying that they were going to 'put me away in prison...'--all over $1200? i wish that i would've known what my rights were ahead of time.
is there anything that i can do about this situation this late in the game?

Posted: Fri Feb 01, 2008 2:29 pm Subject:

Get an attorney and have the judgement vacated on the grounds of improper service!

Posted: Fri Feb 01, 2008 2:47 pm Subject:

Do you have to sign for it in your county?

I know that in my county you don't. They can deliver it to anyone at your address, it doesn't have to be you, and no one has to sign anything.

bythedown · Posted: Fri Feb 01, 2008 4:12 pm Subject:

after looking into it--i didn't have to sign.
to further my case against the debt agency, i've asked them to send me documentation on what i owe and they've refused to do so. is there any way to prove this? or prove that they had been verbally abusive and harrassing to my parents?

by the way goudah, love the pic. i have two little puglets of my own.

Posted: Fri Feb 01, 2008 5:59 pm Subject:

If you didn't have to sign for the summons, they probably just left it with anyone (knowing that you wouldn't get it), then moved for a judgment by default. I don't know what area you are in, but there are time limitations for appeals. I'd sue them for the fdcpa violations, and any state code they might have broken. They can't apply what ever money you might win toward your debt.

Posted: Fri Feb 01, 2008 6:50 pm Subject:

Still sounds like improper service to me, which should be grounds to have the judgement vacated. I don't know what the standards of service are where you live, but in most places they have to be able to prove you got it. Otherwise, the idea of service becomes meaningless. Talk to an attorney in your state/area immediately about getting this thing vacated.

bythedown · Posted: Fri Feb 01, 2008 8:08 pm Subject:

thank you all very much! i'm going to talk to an attorney and see what i can do about this.

Posted: Sat Feb 02, 2008 6:12 am Subject:

Best of luck to you. Please let us know how it works out.

Posted: Sat Feb 02, 2008 8:06 am Subject:

One thing I didn't see anyone address here is the arrest issue, all debts are civil, not criminal (unless it's like IRS in the area of tax evasion, that's different) so unless you owe the IRS a but load of money, you can't be arrested or imprisoned.

Posted: Sat Feb 02, 2008 9:21 am Subject:

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case went to court

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