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Goldman & Warshaw - How to file Motion to Vacate Default Judgment

Date: Mon, 04/05/2010 - 17:04

Submitted by Robert Taylor
on Mon, 04/05/2010 - 17:04

Posts: 21 Credits: [Donate]

Total Replies: 3


Recently I had a discovered that Goldman & Warshaw had tried to levy my bank account. Until now I had no idea that this even existed.
When I asked my bank for the information regarding the Judgment they sent me a copy of the Judgment to levy my account at an address that I had live over three years ago.
Also This Debit is most definitely not mine.
I pulled a credit report and it was also on my report.
I sent a letter to the court that the Judgment was issue from and they were able to send me the forms to file a Motion to Vacate Default Judgment.
Now that I have the forms I wanted some advice.
I have two different forms one for the Motion and another for the Answer.
I am guessing that I need to fill both out? But I not sure what the difference is.
My defense is one that I was not properly served as I didn't live there.
and not my debit. However how do I prove its not?
Any help would be great as I am not working and have very limited funds.
Thanks


If you haven't already done so, get down to the courthouse and obtain a copy of the case file. You'll want to have a copy of the Method of Service to attach to your MTV. Once the judgement is vacated, it would be up to G&W to re-file. Then you'll need to file your answer. It is up to G&W to prove the debt is yours. Deny everything in your answers.


lrhall41

Submitted by NASCAR_Devil on Mon, 04/05/2010 - 18:35

( Posts: 4671 | Credits: )


ok it looks like they sold the debt and now I got a notice from First National Collections Bureau for about 70% of the debt, Which is about $600. Again I have never done business with this creditor but this seem like it could be an uphill battle and even if i do get my motion to vacate its likely they will refile in court.
Here is my question:
If I settle this with the First National Collections Bureau will this allow to remove the current judgement?
Can they more then one agency attempt to collect if its settled?
I am currently not working and I feel that having this on my credit report will hinder my chances of finding a job.
Any suggestions?


lrhall41

Submitted by Robert Taylor on Mon, 04/12/2010 - 08:54

( Posts: 21 | Credits: )