Warrant in debt TWICE? Never received EITHER Had Court without knowing
Date: Mon, 01/05/2009 - 10:31
Yes. Contact the court immediately and see how you were served,
Yes. Contact the court immediately and see how you were served, then you can get that judgment vacated due to improper service.
Once that is done immediately send this shady character a debt validation letter asking him to prove the entire account. Inform him that he will not receive one red cent until he properly validates the account.
the first thing you need to do is contact the court clerk's offi
the first thing you need to do is contact the court clerk's office in your county. they should have filed the suit in your county, if they didnt, then they broke the law more than once. OK, once you find the court case they filed against you, you need to review the whole docket for that case. youre looking towards the beginning, specifically for now, and you are looking for the details on how they served the summons. it is required by law that they serve you a summons to inform you that they filed suit. chances are, they used either an old address on purpose, or they used a false address entirely. this is illegal, but more and more common these days. if they can convince the court that they made the effort to have you served and you didnt show up for court, then they move for summary judgment, they get a default judgment against you.
once you find out how they claim to have served you, you will need to file an order to show cause with that court. the court clerk should be able to help you get any required form that they may have, if not, then check here and we will help you through it. this is basically you informing the court that you were never served the summons in this case. you will be asking the court to vacate the judgment due to improper service.
before we go further, tell me some things about this debt. it is possible that you are talking about a debt that has passed the statute of limitations, and if so, they cannot sue you over it anyways. what do you know about this debt--how long ago did it go past due? When was the last time you made a payment on it? And what state do you live in? Those answers can maybe help us put this whole issue to rest for you.
I'm in VA. They claimed last payment was made in 2006, but I don
I'm in VA. They claimed last payment was made in 2006, but I don't know that this is true. I thought it was 2005. The gentlemen i've been in contact with KNOWS that the address that they supposedly mailed it to was incorrect because I told him right off the bat that I do not reside in that county. It was however, where I opened the account back in 2003. so I think it's still permissible on venue. Not sure.
well, even if they have a right to the venue, they still must pr
well, even if they have a right to the venue, they still must properly serve you. so, you can still request that the court vacate the judgment due to improper service. they must prove that they did what they claimed they did. not to mention, it is actually very easy to find someone today--if you have a name, date of birth, and social security number, they can locate anyone who isnt trying to hide. if you have a job, you are in a database at whatever you have listed your current address as, since you are a taxpayer. They would have had no problem locating you--they simply just didnt bother trying.
How do you know that they got a judgement against you? D
How do you know that they got a judgement against you?
Did they tell you that? As shocking as it is CA have been known to LIE. Believe nothing unless it is in writing and signed.
Did you receive something in the mail from the court or the collector? Hopefully you saved the envelope that shows they know your correct address.
I would object to venue anyway if you can prove you have not lived in that county for over a year. (no legal basis just a thought.)