Need advice, RJF Financial, LLC
Date: Fri, 11/18/2011 - 17:37
The attorney of RJF Financial, LLC are the Law Office of James R. Vaughan, called the number provided 5 times and no answer. The document also has the court case # but it was filled in 2008, he has never received a summons, this is the first document he has gotten regarding this issue. We have no idea where to go from here, any advice would be greatly appreciated.
Welcome Twocentmexican, Our forum experts will give an answer
Welcome Twocentmexican,
Our forum experts will give an answer to your question soon.
If your brother has not received summons, then he may appeal to the court to set aside the judgment.
hiya, Contact the clerk of courts office where the lawsuit too
hiya,
Contact the clerk of courts office where the lawsuit took place. Your brother needs to review the whole docket record for the case. Specifically, you want to know what the plaintiff claims they did as far as serving the summons. It is common for debt collectors to lie to the courts about the summons. If they claim you were served, you have the option of filing an order to show cause/motion to vacate judgment on the grounds of improper service. If they did service by publication, in other words they published notice in a local newspaper, then you probably wouldnt have much luck trying that.
Another question--did they sue your brother in the county where he lives? If they sued him in a county other than where he resided at the time they sued him, he may be able to add "improper venue" to the grounds for vacating judgment. You mentioned several things--Arizona dept of revenue, IRS, etc etc. You need to check with the employer to see exactly who is garnishing the wages--they are required to provide you with that information. If it is not a government agency, then you need to investigate it because a garnishment for a consumer debt cannot legally happen unless they already sued you and won. Check it out and get back to us, we will be happy to help more once we have more info.