They got a fraudulent default judgment - what do i do?

Date: Wed, 01/30/2008 - 16:43

Submitted by fourtaylor96
on Wed, 01/30/2008 - 16:43

Posts: 3 Credits: [Donate]

Total Replies: 8

Need help.My question is based on the following info so please

Received a summons on Christmas Day from North Star Capital Acquis. Llc. Attached was an affidavit from the county of chesterfield, state of virginia claiming I owe money on an account I have never opened with Total Card.

Yet on my credit report Zenith Corp. aka North Star, reported a different account number with the same debt amount and account opening date as valid credit card account that was paid.

After making phone calls to the original debtor who would not provide me any information. I found myself talking back to a North Star rep. who told me I had 21 days to pay in full and sent me a bill for the alleged debt this past weekend.

After recieving the letter I sent a request for validation of the debt (certified letter w/return receipt) to the CA and their LC this Monday.

Today,Wednesday, I went to file my answer (though I filed late and learned they had a default judgement entered on me and they had put a default request in on Tuesday. Ironically my statue of limitaions, based on on this fraudulent account would have ended ----- Yea take a good guess! 2-2008.

Did the CA violate my rights by proceeding with the default request after they sent me a bill and I requested DV?

If so, which motion should I use to get the default judgement set aside?

I have been reading the blogs lately and all comments, and criticisms (please don't be too mean) will be appreciated.

Thanks Nina

Nina, Welcome to the forum, I am sure that someone will be a

Nina,

Welcome to the forum, I am sure that someone will be a long with some great advice soon.

From what I understand you did not file your answer on time right? Did they have a hearing or was the judgement given to them because your answer was not filed. I thought their had to be a hearing for a judgement to be placed on someone. and that the only way to get a default judgement is if you don't show up. I could be wrong, so wait on a second oppinion.

I would say there is always an appeal that you could request. Have you talked to your local courthouse and ask them what the procedure is to file an appeal? I would call them and see.

Hang out, I am sure that someone will be along with more or different advice.

lrhall41

Submitted by jos82003 on Wed, 01/30/2008 - 16:54

( Posts: 170 | Credits: )

Thanks for the response. I received the summons on Xmas. I ha

Thanks for the response.

I received the summons on Xmas. I had 21 days to file. I went in on Monday requesting the hearing date and there wasn't one. I don't know if they were given the judgement because my answer wasn't on file. I still filed it and the clerk handed me a notice of hearing and motion form for Michigan.

lrhall41

Submitted by fourtaylor96 on Wed, 01/30/2008 - 18:33

( Posts: 3 | Credits: )

Do I proceed with and appeal or a motion?

I have been doing some reading on motions and I found that the I don't have many options. Should I seek an appeal. Any advice?

lrhall41

Submitted by fourtaylor96 on Wed, 01/30/2008 - 20:32

( Posts: 3 | Credits: )

You mailed a DV letter on Monday, and they filed for default on

You mailed a DV letter on Monday, and they filed for default on Tuesday? I don't think that would be a violation.

FWIW, SOL stopped being relevant in December, when they filed.

If this is a case of ID theft, notify the court, and contact your attorney general.