Goldman & Warshaw - How to file Motion to Vacate Default Judgment
Date: Mon, 04/05/2010 - 17:04
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 o
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.
Do you think there would anyway they would mail or fax me this?
Do you think there would anyway they would mail or fax me this? I am living about 4 hours form this courthouse.
ok it looks like they sold the debt and now I got a notice from
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?