What am I entitled to? New court date on 2yr old judgment
Date: Fri, 05/30/2008 - 19:49
have been watching this board and another for a while and want to say it is full of GREAT advice. It has been extremely helpful so far. I think my new situation may be a bit different from the norm.
Great Seneca received a default judgement on me in 2006. I was never served. They sent the letter to my old address with my premarriage name on it. My credit report was up to date (to my knowledge since I had other bills I was paying). The court even had a copy of the envelope that said "return to sender wrong address" I sent a letter to the judge asking her to set aside the default judgement. She did NOT set it aside but she did set a new court date.
Here is what I found out:
1. Great Seneca never served me so how can they have even got the default judgement?
2. I was told by the court that I have to supenea the debt validation. I was also told that I would not be able to review these documents before court. Their "Local agent" would just have to bring them to court. If that is the case then how do I defend myself properly? Can I still send them a debt validation letter directly which would require them to send the information to me?
3. Back in 2006: Their local agent was registered in the state of Indiana. I did find out that their certificate as a local agent has now been revoked. Does this mean that they can no longer represent Great Seneca? Since they originally rep'd Great Seneca when their certificate was good can they still show up and rep them again even though their certificate has been revoked?
4. This debt is over 7yrs old. I thought it had been paid, done and over with. I had never been contacted by the origional creditor stating anything differently. I had paid it with money orders. I called the gas station where they were purchased and they siad the store has changed ownership 4 times in 7 years that I was out of luck in getting copies of the money orders. All of my financial records are distroyed every 7yrs so I no longer have copies of the money orders either.
5. I have found out that this debt origionally 3,000 has now been sold at least twice since the judgement. The defualt judgment was for 4,700 now since they have sold the debt twice it is on my credit report up to 5,100. I have NEVER been contact from ANY of the collectors. They just keep racking up more money on the judgement. Is this legal? Should I tell the judge this?
Any help is appreciated. I think I am in a unique situation because I have not been able to find answers to these questions. Heck I am not even sure where to begin to defend myself.
God Bless and thank you in advance,
JJ
Great Seneca received a default judgement on me in 2006. I was never served. They sent the letter to my old address with my premarriage name on it. My credit report was up to date (to my knowledge since I had other bills I was paying). The court even had a copy of the envelope that said "return to sender wrong address" I sent a letter to the judge asking her to set aside the default judgement. She did NOT set it aside but she did set a new court date.
Here is what I found out:
1. Great Seneca never served me so how can they have even got the default judgement?
2. I was told by the court that I have to supenea the debt validation. I was also told that I would not be able to review these documents before court. Their "Local agent" would just have to bring them to court. If that is the case then how do I defend myself properly? Can I still send them a debt validation letter directly which would require them to send the information to me?
3. Back in 2006: Their local agent was registered in the state of Indiana. I did find out that their certificate as a local agent has now been revoked. Does this mean that they can no longer represent Great Seneca? Since they originally rep'd Great Seneca when their certificate was good can they still show up and rep them again even though their certificate has been revoked?
4. This debt is over 7yrs old. I thought it had been paid, done and over with. I had never been contacted by the origional creditor stating anything differently. I had paid it with money orders. I called the gas station where they were purchased and they siad the store has changed ownership 4 times in 7 years that I was out of luck in getting copies of the money orders. All of my financial records are distroyed every 7yrs so I no longer have copies of the money orders either.
5. I have found out that this debt origionally 3,000 has now been sold at least twice since the judgement. The defualt judgment was for 4,700 now since they have sold the debt twice it is on my credit report up to 5,100. I have NEVER been contact from ANY of the collectors. They just keep racking up more money on the judgement. Is this legal? Should I tell the judge this?
Any help is appreciated. I think I am in a unique situation because I have not been able to find answers to these questions. Heck I am not even sure where to begin to defend myself.
God Bless and thank you in advance,
JJ
Make a motion for dismissal on the grounds of improper service.
Make a motion for dismissal on the grounds of improper service. Did you put in a change of address with the USPS when you moved? The reason I ask this is because the Judge will ask if you did that. If you did put in a change of address, then you need to get proof from the USPS (they will have a record of it), and send it along with your motion to dismiss as proof for improper service. That's the only thing I can think of, but someone else with more knowledge about this subject should be around to offer advice as soon as possible. :)
