Sheriff Letter

When you get a judgement vacated for lack of proper service, the creditor can then refile in the correct court. It then gives you the opportunity to dispute or fight it.

Thanks SOAPLADy, what is the best advice you can give me with this little problem that's poppod up? If I get a lawyer, then that means I'll probably end up spending close to what I owe to have this thing taken care of.

Applied Bank claims that I woe them about $2,000, in reality I remember that their credit limit was only for like $500 so how the hell did it go up to $2,000 and in like 3 years??? The debt is not even 5 years old, Is this even legal? What can I do?

Just to let everyone know, the people that asked the sheriff to garnish my wages are "Forster & Garbus" anyone have any idea what I can do? I think it might be too late to even ask fro a validation letter.

I was reading somewhere else on the forum that they like to add "special fees & interests" to the orginal amount. Like I said, I remember that my debt with applied bank was for like 500-700 or so and now all of a sudden it's $2,000???

In order to garnish your wages, they had to sue you. Since you did not show up in court, they won by default. I'll be the extra $ is fees, interest, court costs plus attorney fees.

Move to have the case dismissed due to improper service. Then contact the creditor and set up a payment plan. Better to pay $500 - 700 than to pay $2,000!

Yeah I know they sued me, but where are the papers indicating me that I was being sued. I used to live with my parents and I moved in March, I come to check my mail once every 2 weeks since and I did not see any papers asking me to show up to court.

Yeah but in order to get my case vacated that would mean that I have to get a lawyer and he/she would charge me...what? $500-800 to get that taken care of? I'm guessing? anyone have any advice as to what I can do ?

I'm not sure you would need a lawyer to get it vacated...try calling the court house where the case is and ask. Can't hurt.
Otherwise, what else can you do other than pay it...me? I'd try to get it thrown out...

You do not need an attorney for junk debt collectors. They must serve you in the district where you live. If you were not served correctly dispute it with the clerk of court who will tell you what to do.

If and when they refile suit correctly demand debt validation. Also object to giving out any personal information during discovery except for your current address. You may object on the grounds that you have no knowledge of owing THIS particular company any monies

Typically they drop the suit...I have had one dismissed by the judge with prejudice and another withdrawn without prejudice.

first things first--in order to have your wages garnished, there must have been a lawsuit. If there wasnt one, then they have lied to the sheriff's office with fake documents. If there was, you must find out everything about that lawsuit ASAP. You can start by contacting the court clerks office in the county where you used to live. They can tell you if there was a case filed against you there. If they dont have any case on record, you need to speak with that sheriff's office about this and see if you can get any info as to at least where this lawsuit took place. Federal law requires them to sue you where you live, or where the debt originated. They cannot just pick any county they choose.

If you find a case in the county you used to live in, you will have to file an order to show cause/motion to vacate judgment due to improper service. If you find a case in that county, the court clerk's office can provide the complete docket for that case--you need to review that and see what the plaintiff claims they did about having you served.

If you find a case in another county, you need to file an order to show cause/motion to vacate judgment in THAT county, on the grounds of improper venue. Neither one of these motions requires an attorney, you simply speak with the court clerk's office for the proper format. They may have a specific form you must fill out, or they may simply require that you use a certain format.

When you research this, feel free to come back here with what you find and we can help you get through the next steps.

Thanks everyone, I'll have to get on it quickly. I'll keep everyone updated.

Thanks everyone, I'll have to get on it quickly. I'll keep everyone updated.

Thanks everyone, I'll have to get on it quickly. I'll keep everyone updated.