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I was recently served court papers issues by Machol & Johannes. One debt is for Discover and the other is for a student loan. I currently live in Vernal, UT but due to the fact I work in the Rifle/Glenwood Springs, CO and sometime use the address there, I was served in Colorado in a Colorado court. When I obtained the debts, I lived in Salt Lake City, UT. I asked for the case to be drop based on the fact the venue is not proper. That was denied. In one of the cases, they still send stuff to the Colorado???s address despite the fact I filed my answer with the Utah address. One of the issues, the judges knows me and I work in Colorado and see me in the community because it is a rural area. In that case, they were successful in obtaining a summary judgment against me. I did file and order to deny the summary judgment. In the other case, I file a motion to dismiss and I expect it to be fight. I also learn that if I go to trial, Neither Discover and The Student Loan Company does not have to show up to court but appear by phone. I want them to prove that they own the debt and not Machol & Johannes. How can I make them show up and get a default to dismiss the case if Discover and The Student Loan Company does not? If I have to come to Colorado then they should as well. My main argument is the fact, the debts occur in Utah and I am now living back in Utah, Discover is based in Utah and National Collegiate Loans is based back east, I don???t think 2 judges from Colorado should be making a ruling in a Colorado court for debts that has nothing to do with the state of Colorado. Is there any advice you could give me.

Sure you can have the judgments set aside in CO but they will turn around an sue you in Utah. Both the student loan and Discover can and will validate their debts. Personally I would not want to piss either of them have two lenders who WILL garnish your wages and levy your bank account.

The problem here is that you used the CO address as a mailing address and they sucessfully served you in CO. You have a technicality...but they will get their judgments.

Sub: #1 posted on Fri, 08/17/2012 - 21:43

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