APOTHAKER & ASSOCIATES

If you have proof that you weren't served until Aug, and sent them a validation letter certified mail and still have the green card they sign showing they received it, file a motion to have the judgment vacated. Someone else will be along shortly to offer a little more advice on this subject, hang tight.

Sounds like you may be able to motion to vacate on grounds of improper service. When was the hearing? Also was the hearing where they received a judgment against you in the same state/county you reside in?

Thanks.. I can't understand how I am served in Aug and then find out they have a judgment already in July. Yes I do have the cmmr and the letter I sent to them. I also still have the original copy of the Sherrif summons.

JCEMT,

I am trying to get that information now. All I have right now is a book and page number that was provided from the court house. Trying to get that information right now as we speak.

This is in Luzerne County, PA

I was served on 8/6 and the judgement is on 7/24

Update:

I just got off the phone with the court house. There is no judgement or lien placed against me :D It is just an open complaint. What can I do now since it has been sitting open for almost a year?

i don't know the exact term,but i think you can have it thrown out for lack of activity.i'm not sure if that is the term or not though.

paulmergel,

Thanks I will look into that. Thank You all for your help!!!

Request to dismiss (why not try with prejudice while your at it?) due to lack of prosecution.

that's the term,i knew my man jcemt would come through for me. :D

Include in your request for dismissal with prejudice the info (copy of the letter or name of the person you spoke to) that they are claiming that a judgement was already obtained in July. Nothing a judge loves better than liars who misuse the legal system.

For them to claim that there is a judgment against you actually gives you cause for action under fdcpa.

Sounds good. I am working on a letter now. By any chance anyone have something I can use to start with no idea how to go about drafting one

I've never had to do this personally so I don't have a template available. However you can find more information on formal pleadings at your local legal library.

Thanks! JCEMT. I just got off the phone with the county clerk and she stted the same thing. She also said I would have to go in front of a judge to request. She said she wasn't really sure but she thought the person who brought the suit would request for it to be dismissed. I forgot to ask her the time frame for bring suit in Luzerne County PA

JCEMT,

Thanks that is what the clerk told me on the phone. Funny thing is she said they have to dismiss the compliant. But I would have to go in front of a judge to do it.

I will keep everyone updated.

Your quite welcome.

Hello All,

Sorry have not posted in a bit had to go out of town for work and had no access or time to post.

I am trying to get help with writing the motion to dismiss. I again called the county office and was told there is no hearing date scheduled and the last activity on my case was when I sent submitted my answer to the complaint.

Does any one have any ideas how this should be formatted. I want to have the complaint dropped. The woman told me they use to drop the complaints automatically if nothing is filed but they no longer do that.

Thanks for the help!

In 2005 I signed a contract with debt settlement usa for them to negotiate my credit card bills which were insurmountable as % rates kept going up. They did negotiate a few for me one with Apothaker & associates which I pay every month. Needless to say I still have remaining large debts left unsettled by DebtSetUSA. Apothaker & associates are now contcating me regarding these other debts. I have bot responded to their last letter to me . What can I do when I cannot even afford what I am paying right now?