Need some strategy advice for CC judgement when I go to court?

Judgements have their own 10 year SOL.

If you were not served, you need to go to the court and see how and where they served you. If they served you at a bad address, you can have the whole judgement set aside for improper service. This may be the only step you may need to take. If the service was bogus, the original SOL goes back into affect. Hopefully it will be out of SOL for you.

Thanks SL

I was in fact NOT served. Is there any way around this for them?
The original SOL should have started back in 2001-02.

Now when you say "I need to see how and where they served me" that is called what exactly? = Order to Show Cause?

You need to look at the proof of service in the court records for the judgement. You then request to have the judgement dismissed or set aside due to improper service thru the court clerks office.

Again, Thanks SL.

I am just trying to vamp myself up so I can sort of look like I know what I am doing when I go there.


Any other tips?

Just an update. I have put in for a Vacate the Judgment. I will know on Tues. Wish me luck. :)

Vacate on hold by judge pending Discovery.

I am currently going through discovery as my judgment is on hold pending "discovery".

I have to get a friend to serve the sheriff with "order to show cause". I cannot do it myself.

I have to serve the CA through certified mail.


Any tips or input with this.

Bumpty-Bump :)

So here we are.

1. I went to court and spoke with judge off the record.
There is another court date Nov 1 for the "server" to show that they properly served me.

The last charge on the alleged credit card is June 2001. The judgment against me is 2005. I am claiming that I was never served AND I WASNT. I even told the judge that if anyone comes in here claiming they served me WOULD BE lying. He replied that they will be held accountable for lying under oath.

My question is: If the judgment is vacated and it is shown that I was not properly served. Does my SOL go back to June 2001. The plantiff explained to me that it doesnt, something to do with when the plantiff(CA) started the process. I thought the SOL started from last activity on card?

Also, I have spoken to attorneys and people in collection business and I have 2 other SOL time frames. One said 10 years and one said 7 years. But it is 6 years correct?

Thanks

I am challenging that I was not served at all. Thats Oct 21 - tomorrow.

I recently received a letter from Mel Harris.
--page 1--
Dear Me,
Enclosed is STIPULATION in this matter. If stipulation is acceptable, please execute.

Please call us to confirm our receipt of the signed stipulation and to confirm that you need not appear at court on Oct 21.

We will attempt to submit the stipulation to court for filing on or before that date. However please be advised that some courts do not accept stipulations without an appearance by opposing counsel / defendant despite our requests.
-- end of page 1

There are 3 copies of page 2
-- start page 2 --
It is hereby stipulated and agreed, by and between the undersigned Mel Harris and defendant that the defendants order to show cause returnable Oct 18 and TRAVERSE hearing with a return date of 10/19 is granted to the following extent and the matter is settled as follows:

1. judgment entered hereby is vacated
2. it is hereby stipulated and agreed by and between the undersigned.... discontinued with prejudice.....
3. the parties acknowledge there is no bank restrained and that income execution with nassaud county sheriff is currently closed with no funds received by our office
4. the matter involves citibank acct # 4127xxxxxxxxxx (an full account # is there)


Thanks so much for your help and offering to help further.
It is greatly appreciated

When the judgement is vacated, it goes back to the old DOLA, so the SOL would follow whatever SOL is applicable for your state.

Quote:

It is probably to late now but you could also counter sue for FDCPA violations for $1,000 pay off probably. I would argue that they false or deceptive practices to attempt to collect the debt as stated below in the FDCPA.

807. False or misleading representations
A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.