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Judgement w/o being supoenaed?!!

Date: Wed, 06/10/2009 - 11:04

Submitted by anonymous
on Wed, 06/10/2009 - 11:04

Posts: 202330 Credits: [Donate]

Total Replies: 2


I was informed that a judgement in favor of creditor Malen and associates was "disposed" against me. I NEVER recieved a supoena or was served any type of papers by this company. I was never informed of a court date or anything. Now I am being told that I must pay over $3000 for something, and I don't even know what this debt is for! Is there any way to deal with this? I really cannot afford to have my wages garnished or my checking account seized. Please advise.


hi schar--

Some more details will help us to give you the best help we can.

First, how did you learn of this judgment? This is important because some debt collectors have actually faked this before. They have actually sent out letters claiming to have secured a judgment when they never filed suit. Of course this is very illegal, but that never seems to bother them.

If you got a letter, who was it from? Did it include any onfo about what court this all took place in? When it comes to debt collection lawsuits, they must file either in the county where you live or in the county where the debt originated. It is also a fairly common trick that they file lawsuit in a county you dont live in, they do this to try to get a default judgment without you ever being notified. Again, its illegal but it happens.

If you were sent a letter that names a court on it, contact that court clerk's office and ask if they have any civil suits against you on record. If there is one, you can review the whole docket--youre specifically looking for the part of the docket that tells how the plaintiff claims they had you served.

If you find that this was a real lawsuit, and it was in your county, you can file an order to show cause/motion to vacate judgment due to improper service. This basically means that since you were never properly served a summons, that they unlawfully got a judgment against you.

If they filed this case in a different county, then you must file an order to show cause/motion to dismiss with that county court. In that case, your motion to dismiss would be due to improper venue, this means that they filed the case in a jurisdiction that you are not subject to because when they filed you were not a resident of that county.

I just did a quick check on Malen and Associates. If you google them, you will find a TON of bad reports about them. Unfortunately, I cannot access ripoffreport right now, I think their server is down or something. Give that a try as well, its possible that they haev broken the law and you could have a case against them.


lrhall41

Submitted by on Wed, 06/10/2009 - 20:31

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