default judgements

Captncoke, first of all, collect all the proofs that show that you have sent the debt validation letter to the CA and they have not responded to you within the 30 day timeframe. This will make your case legally stronger.

If your original creditor is not listed in the credit report, it can be assumed that the collection agency purchased this debt from them. But they can enforce judgment only if the debt was within the SOL period. They can not get a judgment against you for a debt that has expired the SOL period.

Since this debt occurred in 1997, based on the date of last activity in this account, it will be determined whether the judgment was filed within the SOL frame or not.

Please tell us the date of last activity that took place on the mentioned account.

the last activity was in august of 1997.they got a default judgement in nov. of 2002.now they have my checking account frozen and have court date feb. 6th.the money they have frozen is my social security.i have asked numerous times recently for them to validate debt.they say they dont have to as default judgement is already done.do i have a leg to stand on.thanks for your reply.

captncoke

Generally it should be illegal for them to attach/garnish social security.. as for your checking account, did they get a court orger to garnish it? It sounds like you really should seek the services of an attorney. If you are retired/disabled and/or low income, you may have access to low cost or free legal help.. what state do you live in?

i live in florida.the only money that goes in checking account is social security.yes they somehow got a court oder.didnt know anything about it until checks i wrote for bills started bounceing.got papers like 2 weeks after account was frozen.i just curious as last activity was august 1997 and default judgement was nov.2002.wouldnt i be right outside sol.this was for a credit card.

Not sure. Given your situation I would get an attorney pronto, hmm one other idea, can u set up a new account at a different bank and change your direct deposit, or cancel direct deposit and get a live check? Again sounds like an attorney is your best bet

Try this website about free legal aid in florida it is www.floridalawhelp.org

thanks for advise jj.yes i did stop right away now i get a live check.

Good Luck, let us know how it goes

Simple answer, yes. Two legs actually.

The judgment was obtained by fraud on the court; you were never subjected to the personal jurisdiction of the court because you were not served. Throwing papers in the ex-wife's driveway after having been told that you didn't live there, and then representing that as service of process to the court is fraud. That's one of the three most common bases for vacating a judgment. You may need to file a separate action in NY, I don't know how long you get to file a motion to set aside the judgment in NY within the context of the original case. But you should definitely do so. The judgment against you was void (that's a defense to the garnishment, as well) because the court lacked personal jurisdiction over you at the time it rendered its judgment due to the fraud perpetrated by the plaintiff. Especially if you didn't live in the state that issued the judgment.

Second leg: If you send a demand for verification prior to the debt collector's having obtained the judgment against you, the debt collector is liable to you for the amount of the judgment plus your attorneys' fees, because of their violation of the Fair Debt Collection Practices Act - taking any action to collect on the debt without having first responded to your demand for verification. Note that this leg is only a prosthesis if the collection agency didn't actually do the suit. If the creditor went and hired its own lawyer and they filed suit against you themselves (as opposed to the collection agency having hired a lawyer and having filed suit in the name of the creditor), then the fdcpa doesn't apply. A second violation occurred if the debt collector filed suit against you in a jurisdiction other than that in which you live or in which you contracted the debt in writing.

As to the statute of limitations defense - you have to raise that defense yourself in your written pleadings in response. If you can get the judgment vacated then you're entitled to a new trial - then be sure to raise the S.O.L. defense in writing.

i have an account thaat was frozen, but i never knew about it untill i checked my account on payday to find the hold. when i called them they said i owe f=money for a credit card i never had. ive never had a capital one credit card.

Hi
I found out on my credit report, I have a default jugement from a agency I'm not aware of. There is no history of the debt on my credit report. My report is listing a $5000 judgement owe but when I called the county court house in the state I previously live it's $17,000. The court clerk is stating I was serve previously but I cant remember signing any documents. Isn' these papers requested to sign when serve? Please advise the best possiblr way to resolve this

Obtain a copy of the court records and review the method of service to see how you were served. If there is a defect in service, you may be able to have th ejudgement vacated.