GOT TURNED DOWN BY 3 LAWYERS in illinois chicago
Date: Tue, 04/22/2008 - 21:32
i talked to 3 lawyers ad two turned me down. one said he would help me if i paid him 2000 dollars, if even if he does not guarantee i would win the case. if i don't i would be out of even more money. what should i do? i am at the crossroads with this. i was thinking of filing the vacate myself but don't know where to start.
can anyone help me write my reason why i should be allowed to vacated. my reason is i was not lving at the address at the time. was not served personally.
i don't know how to put it in legal statement.
i have the motion form , and notice of motion form too. but i need help filling it out.
any help would be appreciated
Interesting! I just went through this myself with Arrow Financia
Interesting! I just went through this myself with Arrow Financial! What state do you live in, you may want to look into the statute of limitations on this debt. Do you remember the last payment you made to Providian, because that's when the statute of limitations would begin? If this is past your statute of limitations, there's you case in a nutshell! If not, I can send you a copy of the letter I sent to the judge to have my default judgment vacated. It worked, and it was for the exact same reason, with Arrow Financial! Skydver helped me write mine, and I still have a copy. Send me a PM and I will get it to you, if you like.
Oh drat, I just realized, you aren't a member so I you can't sen
Oh drat, I just realized, you aren't a member so I you can't send me a PM. Perhaps you should join, it's a great place to be, with wonderful, helpful members. :)
yep, shaz had great luck with that....you, I am not so certain a
yep, shaz had great luck with that....you, I am not so certain about though. You see, they sent it to the wrong address, but it would be reasonable to assume that if they got it to your family, that they would contact you about it and pass it along to you. That is why the process serving laws normally allow them to leave the summons with someone else at that address if you are not there. You might have a hard time with that one....
also, what state do you live in? As shazzers mentioned, there is a good chance that they are not legally able to sue you over this debt, because of the debt's age. once you let us know what state this all happened in, we can get you more answers. And yes, do consider joining and becoming a member here. It is free and you wont find too many communities that stick together like this one does!
i live in illinois, i do not have a great relationship with my f
i live in illinois, i do not have a great relationship with my family. i was kicked out of my house for impregnating my girlfriend which they did not like. i felt hurt and never spoke to them again. until this lawsuit came across. yes i knew i had this bill. the address they sent the summons to i never even lived in the house. the only reason why my name and letter got sent to it was because my mother had my mail forwarded it it. basically in the pass 7 years they move to two house that i never even knew about. so i never even put a foot in the house they live in now.
they also put in a lein on the property also whcih i do not even own. my mother is paying mortgage on it and is trying to sell it.
if anyone can help me please send any sample letter to email address removed. and where can i file this at the clerks office? and when you meant sending it to the judge what do you mean?
ok, here's the thing that I woudl try to do. 1--try to get
ok, here's the thing that I woudl try to do.
1--try to get the judgment vacated
I would send a letter to the judge, explaining that you have never lived in the house they sent the summons to and that you dont have contact with the people who live there. This was improper service, and for that reason you are requesting that the judgment be vacated.
Was this a credit card? A credit card is an open account, and in Illinois, open accounts have a SOL of 5 years. That means they have 5 years from the date of the last payment, or from when it first became delinquent. If this is a credit card debt, then it is past the SOL, as long as you have not made a payment in the last 5 years. And, if that is the case, I would state in this letter to the judge that had you known of the summons, you would have gone to court and invoked the affirmative defense of 'expired statute of limitations' and this matter would be over. Because they did not serve you properly, you were not afforded your right to due process. If you want an actual letter, I would be happy to write you one that you could use, but the trick is going to be getting a judge to vacate this judgment. I think it could be hard, because they did send it to a relative's house. But, if this is a credit card debt and if the judge vacates the judgment, then they cannot ever sue you on this debt again.