Can Someone Help Me Pleaes? I'm Desparate
Date: Thu, 02/04/2010 - 11:12
I have been in school turning my life around and doing something good for a change.
But..I'm worried that they will sue me while I'm out of state and get a default judgment on me on a debt that's SOL just because I wasn't there to be properly served.
I contacted LA superior court and was told that each time I ask them to check I will have to pay 5 dollars just to see if a law suit has been filed against me!
What else can I do to protect myeslf? Should I send a certified letter to each of my creditors listed on my credit report to let them know that my debts are SOL, so that I can prove they know where I live in case I get improperly served?
Please help! I'm at my wits end.
Quote:Originally Posted by AnonymousI moved out of CA where my d
Quote:
Originally Posted by Anonymous I moved out of CA where my debt happened. These debts are all well over staute of limitations. I don't know if my creditors know where I live now, they might, but they havn't contacted me in a while probably because they can tell that I have no job and no assets. I have been in school turning my life around and doing something good for a change. But..I'm worried that they will sue me while I'm out of state and get a default judgment on me on a debt that's SOL just because I wasn't there to be properly served. I contacted LA superior court and was told that each time I ask them to check I will have to pay 5 dollars just to see if a law suit has been filed against me! What else can I do to protect myeslf? Should I send a certified letter to each of my creditors listed on my credit report to let them know that my debts are SOL, so that I can prove they know where I live in case I get improperly served? Please help! I'm at my wits end. |
if your debts truly are beyond SOL.i would just keep tabs on your credit report.if a creditor actually gets a default you can have it dismissed with the SOL being your defense.do not contact your creditorsthey might try to get you to make payment arrangements.five dollars to check their database.normally lawsuits have to be filed in the county,city,village or bourough you live in.now since you stated you accumulated the debts in CA then you should also check the court clerk for your former town.your strategy of sending the letters is good just to inform them of your address,and that your debt is past SOL.nothing else.just a simple letter stating that fact will suffice,but know this. contacting them proactively might resullt in one trying to sneak a default in there.i wouldn't worry if your debts are past SOL.let the creditors or CA'S come to you.
Thank you so much for answering my question! From what I have
Thank you so much for answering my question!
From what I have learned, SOL is only an affirmative defense if I was to show up to court, if I don't, then yea a default judgment would be set against me.
I was on the phone with LA court just now and this lady looked up my name as a favor and said there are three files under my name, but she can't confirm whether it was me. I tried to ask more but she just said no she would have to charge me and hung up.
That's actually the second time someone hung up on me today. The first was this lawyer from allexperts dot com who told me to call him for advice after posting the same question. He told me that I should file bankruptcy. I asked why I should file for bankruptcy when my debts are SOL, then he mumbled something like oh you don't want help in this you just want to hide, I'm not going to help you do that! And he hung up.
I'm not trying to hide from anyone. I'm just trying to tie up these loose ends so I can move on with my life.
I appreicate any help that can be given to me. Thank you
Quote:Originally Posted by AnonymousThank you so much for answer
Quote:
Originally Posted by Anonymous Thank you so much for answering my question! From what I have learned, SOL is only an affirmative defense if I was to show up to court, if I don't, then yea a default judgment would be set against me. I was on the phone with LA court just now and this lady looked up my name as a favor and said there are three files under my name, but she can't confirm whether it was me. I tried to ask more but she just said no she would have to charge me and hung up. That's actually the second time someone hung up on me today. The first was this lawyer from allexperts dot com who told me to call him for advice after posting the same question. He told me that I should file bankruptcy. I asked why I should file for bankruptcy when my debts are SOL, then he mumbled something like oh you don't want help in this you just want to hide, I'm not going to help you do that! And he hung up. I'm not trying to hide from anyone. I'm just trying to tie up these loose ends so I can move on with my life. I appreicate any help that can be given to me. Thank you |
any suite can be dismissed or vacated for improper service.then you can claim SOL if they try to sue again.the lawyer should ashamed as he just wanted his 1700 to 2500 to file bankruptcy.i can't believe there isn't a court clerk site you can look to see if anything was filed.what specifc area of LA do you live?that might help me,but i wouldn't stress.if these places serve you properly it would get dismissed.see if you can look online for your court clerk and see what happens.
I lived in Los Angeles. The suit would have been filed in Los A
I lived in Los Angeles. The suit would have been filed in Los Angeles superior court.
May I ask why you wrote :"if these places serve you properly it would get dismissed."? I was always told that if they sue you and you don't show up to defend yourself, then you win, period, regardless of whether it's SOL or not. I was told that SOL is an affirmative defense but the judge won't care about that if the defendant doesn't show up or doesn't use it.
I hope I'm wrong. Sorry to be a nag or to freak out over it. This has been so stressful. I'm finally towrads the end of the seven year bad mark era, I don't want a judgment to fall on me now and end up with another 7 to 10 years of bad report.
Thank you so much!
what i mean is if you are served properly.in your case you will
what i mean is if you are served properly.in your case you will show up,and therefore lawsuit dismissed.the only way i don't see you showing up is a catastrophe.your right if you are properly served and do not show then your defense doesn't matter,but some places do not serve properly or at all.that is when you get the default if it comes to that vacated.you might be dealing with bottomfeeders at some point so just know some don't play fair.that is where the line about proper service came from.
Quote:Originally Posted by paulmergelwhat i mean is if you are s
Quote:
Originally Posted by paulmergel what i mean is if you are served properly.in your case you will show up,and therefore lawsuit dismissed.the only way i don't see you showing up is a catastrophe.your right if you are properly served and do not show then your defense doesn't matter,but some places do not serve properly or at all.that is when you get the default if it comes to that vacated.you might be dealing with bottomfeeders at some point so just know some don't play fair.that is where the line about proper service came from. |
It's these bottom feeders that keep me up at night actually. I'm about to graduate from school and I'm going to start applying for work. I dont want my credit report to be the reason why I still can't get a job or a place to live. :(
I've pulled up reports from all 3 recredit report bureaus and so far no judgment is against me so I can breathe a sigh of relief for now.
I have also updated my credit report to the correct current address.
I guess all I'm to do now is to just sit tight and lay low in hopes that these bottom feeders won't mess with me?
yes let sleeping dogs lie.a bottomfeeders will call you.deal wit
yes let sleeping dogs lie.a bottomfeeders will call you.deal with it then.
Quote:Originally Posted by paulmergelyes let sleeping dogs lie.a
Quote:
Originally Posted by paulmergel yes let sleeping dogs lie.a bottomfeeders will call you.deal with it then. |
Last question...before I end this.
I want to know if in fact I was served over in CA and obviously cannot get the summons and get a default judgment, is that enough for me to get the potential judgment removed? I was told that these guys will just lie and say they have served me, this was told to me by the lawyer. Is he saying that to scare me?
Quote:Originally Posted by AnonymousLast question...before I end
Quote:
Originally Posted by Anonymous Last question...before I end this. I want to know if in fact I was served over in CA and obviously cannot get the summons and get a default judgment, is that enough for me to get the potential judgment removed? I was told that these guys will just lie and say they have served me, this was told to me by the lawyer. Is he saying that to scare me? |
PM(private message)skydiver,there is a motion to file,and he would know exactly how you would go about it.there is way to vacate a judgement in that case.this much i do know.was this the lawyer who tried to pressure you into filing BK?if so consider the source.if not then his info was incomplete.PM skydiver,he will help you with how to get this vacated if it does happen.
Yes Paul, this was the same lawyer who told me to file for bankr
Yes Paul, this was the same lawyer who told me to file for bankruptcy. Thank you for all your help. You've been such a blessing.
I have a suggestion: Why don't you sign up for a mail-forwarding
I have a suggestion: Why don't you sign up for a mail-forwarding service? Set it up with an actually physical address and contact all the credit bureaus and send them your new information. You can also get a magic jack and get a new phone number to give the credit bureaus as well. When you are done doing all of that, just go to the LA courthouse online and check. The information you are requesting is a public record, and it shouldn't cost a dime to look up every pending court date in LA county. We have one in the state where I live, and I have been checking because I was served with a summons. After we sent in our answer, we've heard absolutely nothing! Not a thing, so I kept checking but nothing, which is a good thing! You're acting as though the world is coming to an end, but it's not. In fact, your starting a new chapter in your life, and you should feel good about it. Don't let your past haunt your future. Just start over! Change all your personal information on file asap, so nobody can contact you where you live now. That way you don't have to worry. Earth Class Mail or another mail forwarding service (Just Google it) will be good. You can get a Magic Jack at www.magicjack.com. Take a deep breath and relax. All the phone calls will end, and you can get on with your life. They first have to find you to serve you, and if they can't find you, even if they did get a judgment against you, it would be dismissed because it was improperly served, so don't worry. Bottom-feeder creditors should not be a threat in your life. Just work on getting a job, getting established and since the SOL has lapsed, there is nothing they can do legally! Why worry?
Quote:Originally Posted by AnonymousI have a suggestion: Why don
Quote:
Originally Posted by Anonymous I have a suggestion: Why don't you sign up for a mail-forwarding service? Set it up with an actually physical address and contact all the credit bureaus and send them your new information. You can also get a magic jack and get a new phone number to give the credit bureaus as well. When you are done doing all of that, just go to the LA courthouse online and check. The information you are requesting is a public record, and it shouldn't cost a dime to look up every pending court date in LA county. We have one in the state where I live, and I have been checking because I was served with a summons. After we sent in our answer, we've heard absolutely nothing! Not a thing, so I kept checking but nothing, which is a good thing! You're acting as though the world is coming to an end, but it's not. In fact, your starting a new chapter in your life, and you should feel good about it. Don't let your past haunt your future. Just start over! Change all your personal information on file asap, so nobody can contact you where you live now. That way you don't have to worry. Earth Class Mail or another mail forwarding service (Just Google it) will be good. You can get a Magic Jack at www.magicjack.com. Take a deep breath and relax. All the phone calls will end, and you can get on with your life. They first have to find you to serve you, and if they can't find you, even if they did get a judgment against you, it would be dismissed because it was improperly served, so don't worry. Bottom-feeder creditors should not be a threat in your life. Just work on getting a job, getting established and since the SOL has lapsed, there is nothing they can do legally! Why worry? |
Thank you so much for your kind words Jack. This site has given me the ability to breathe again.
I will look into that mail forwarding service. Los Angeles Superior court does not allow me to check if there are any suits filed against me unless I either go in (I can't I live in another state) or pay them five dollars for each search. I think it's absolutely reidiculous too. Maybe someone knows of a different method and would like to share.
I just read your post in detail a little closer. Actually, updat
I just read your post in detail a little closer. Actually, updating your address to where you live now, is not such a great thing because any sheriff can come knocking on your door to serve you. Once they see you have a job and are applying for credit - that's when any bottom feeder may start in. See they check credit reports to see who has a job, who is spending what. If you don't give your new address, they can't find you. Last thing you want to give them is an opportunity to harass them. I'd get a mail forwarding service immediately at a physical address. I would never give out my actual address on a credit report. It would show up all over the Internet on places like Intellus and Zaba Search. You'd be better off giving a PO BOX at best. That's where all the skip tracers look for information. I'd be careful about ever giving out a physical address to a credit agency or online because once they have it, it becomes public record all over the Internet.
I'm not afraid of the sheriff serving me. Actually I look forwa
I'm not afraid of the sheriff serving me. Actually I look forward to it, cause then I would go to court and tell the judge that my debts are SOL and end the whole deal.
The reason why I had all my credit reports updated is because I didn't want these creditors to have trouble finding me and then serving me by publication. I dont' have much knowledge in vacating a summary judgment but I do know that I want to avoid that as much as possible.
I can't figure out what happened to my last post. In essence, th
I can't figure out what happened to my last post. In essence, this is the best thing you can do: Sign up for a mail forwarding service, and get a magic jack (phone service). Then contact all the three credit bureaus and give them the information for your new mailing address and new phone number. Do not give out any information to the credit bureaus with you home address as well as your home phone and cell because a bottom-feeder could send the sheriff to your house with a summons. If you need to give an address on your credit report, make sure it's either a physical address from a mail forwarding service or a PO BOX! The bottom feeder is watching your credit reports for new information as well as any major purchases or new job. New jobs do not have to show up on a credit report. Don't apply for any credit using the new job! But don't worry, the SOL has lapsed. Just to rest easy, go to the clerk of the court in LA county and check the public record for any pending files. It's a public record and they have to give list all that information for free. You're starting a new chapter in your life. Relax! Whatever you do, never give out a physical address of where you live on a credit report. Once that is published, that information becomes a public record for anyone on the Internet. You would find your address on Zabasearch and Intellus and that's where skip tracers and bottom feeders look for information.
Well, if you got in a lawsuit for any other reason you would not
Well, if you got in a lawsuit for any other reason you would not want them finding you. Trust me. If some strange person decided to sue you for no reason out of the blue, the last thing you would want is your address on a credit report. It shows up on ZabaSearch and every public search on the Internet. For me, I am working to remain under-the-radar as far as public information on the Internet is concerned. I don't want some crazy stalker finding out my personal phone number and address. I'd be careful as to putting your physical address and phone number in a credit report, Hence, anyone who has something against you can find you that way, whether it's a bottom feeder, stalker or someone who wants to sue you out of the blue.
But if they do find me, and try to sue, can't I just claim SOL i
But if they do find me, and try to sue, can't I just claim SOL in court and be done with?
Quote:Originally Posted by AnonymousWell, if you got in a lawsui
Quote:
Originally Posted by Anonymous Well, if you got in a lawsuit for any other reason you would not want them finding you. Trust me. If some strange person decided to sue you for no reason out of the blue, the last thing you would want is your address on a credit report. It shows up on ZabaSearch and every public search on the Internet. For me, I am working to remain under-the-radar as far as public information on the Internet is concerned. I don't want some crazy stalker finding out my personal phone number and address. I'd be careful as to putting your physical address and phone number in a credit report, Hence, anyone who has something against you can find you that way, whether it's a bottom feeder, stalker or someone who wants to sue you out of the blue. |
OKay I understand what you're saying now. So you mean in general, for anyone to protect their privacy, they should leave their address out of their credit reports.
I've never thought about that!
I found an article last night, but I don't know where the story
I found an article last night, but I don't know where the story is? It was about a woman who was looking for a job, but a stalker kept on writing terrible things about her online. When a potential employer contacted her, he told her about the stalker who was leaving terrible messages at Zabasearch about her character. I really would be careful about posting your physical address on a credit report or anywhere publicly. People can leave messages at ZabaSearch.com - good or bad about your character and potential employers as well as bottom-feeders and skip tracers go there to find out your personal information. In her case, it was a bad situation. She became a victim of an online stalker. Other people she knew kept telling her about the vicious attacks that were made against her character on the Internet. I'm sure that's not the norm, but why open the door for every single crazy person to know where you live, including the bottom-feeders? I can't understand it? I'd keep under-the-radar. If you put a phone number and address on a credit report, it opens the door for the Internet world to find you - good or bad. Simple as that. I'd get a magic jack, put that phone number down and either supply a PO Box or a mail forwarding address on a credit report. Your private life should remain private.
[QUOTE=Anonymous;650750]I have a suggestion: Why don't you sign
[QUOTE=Anonymous;650750]I have a suggestion: Why don't you sign up for a mail-forwarding service? Set it up with an actually physical address and contact all the credit bureaus and send them your new information. You can also get a magic jack and get a new phone number to give the credit bureaus as well. When you are done doing all of that, just go to the LA courthouse online and check. The information you are requesting is a public record, and it shouldn't cost a dime to look up every pending court date in LA county. We have one in the state where I live, and I have been checking because I was served with a summons. After we sent in our answer, we've heard absolutely nothing! Not a thing, so I kept checking but nothing, which is a good thing! You're acting as though the world is coming to an end, but it's not. In fact, your starting a new chapter in your life, and you should feel good about it. Don't let your past haunt your future. Just start over! Change all your personal information on file asap, so nobody can contact you where you live now. That way you don't have to worry. Earth Class Mail or another mail forwarding service (Just Google it) will be good. You can get a Magic Jack at ****************. Take a deep breath and relax. All the phone calls will end, and you can get on with your life. They first have to find you to serve you, and if they can't find you, even if they did get a judgment against you, it would be dismissed because it was improperly served, so don't worry. Bottom-feeder creditors should not be a threat in your life. Just work on getting a job, getting established and since the SOL has lapsed, there is nothing they can do legally! Why worry?[/QUOTE]
Quote:
Originally Posted by Anonymous I just read your post in detail a little closer. Actually, updating your address to where you live now, is not such a great thing because any sheriff can come knocking on your door to serve you. Once they see you have a job and are applying for credit - that's when any bottom feeder may start in. See they check credit reports to see who has a job, who is spending what. If you don't give your new address, they can't find you. Last thing you want to give them is an opportunity to harass them. I'd get a mail forwarding service immediately at a physical address. I would never give out my actual address on a credit report. It would show up all over the Internet on places like Intellus and Zaba Search. You'd be better off giving a PO BOX at best. That's where all the skip tracers look for information. I'd be careful about ever giving out a physical address to a credit agency or online because once they have it, it becomes public record all over the Internet. |
Quote:
Originally Posted by Anonymous I can't figure out what happened to my last post. In essence, this is the best thing you can do: Sign up for a mail forwarding service, and get a magic jack (phone service). Then contact all the three credit bureaus and give them the information for your new mailing address and new phone number. Do not give out any information to the credit bureaus with you home address as well as your home phone and cell because a bottom-feeder could send the sheriff to your house with a summons. If you need to give an address on your credit report, make sure it's either a physical address from a mail forwarding service or a PO BOX! The bottom feeder is watching your credit reports for new information as well as any major purchases or new job. New jobs do not have to show up on a credit report. Don't apply for any credit using the new job! But don't worry, the SOL has lapsed. Just to rest easy, go to the clerk of the court in LA county and check the public record for any pending files. It's a public record and they have to give list all that information for free. You're starting a new chapter in your life. Relax! Whatever you do, never give out a physical address of where you live on a credit report. Once that is published, that information becomes a public record for anyone on the Internet. You would find your address on Zabasearch and Intellus and that's where skip tracers and bottom feeders look for information. |
Quote:
Originally Posted by Anonymous Well, if you got in a lawsuit for any other reason you would not want them finding you. Trust me. If some strange person decided to sue you for no reason out of the blue, the last thing you would want is your address on a credit report. It shows up on ZabaSearch and every public search on the Internet. For me, I am working to remain under-the-radar as far as public information on the Internet is concerned. I don't want some crazy stalker finding out my personal phone number and address. I'd be careful as to putting your physical address and phone number in a credit report, Hence, anyone who has something against you can find you that way, whether it's a bottom feeder, stalker or someone who wants to sue you out of the blue. |
Quote:
Originally Posted by Anonymous I found an article last night, but I don't know where the story is? It was about a woman who was looking for a job, but a stalker kept on writing terrible things about her online. When a potential employer contacted her, he told her about the stalker who was leaving terrible messages at Zabasearch about her character. I really would be careful about posting your physical address on a credit report or anywhere publicly. People can leave messages at ZabaSearch.com - good or bad about your character and potential employers as well as bottom-feeders and skip tracers go there to find out your personal information. In her case, it was a bad situation. She became a victim of an online stalker. Other people she knew kept telling her about the vicious attacks that were made against her character on the Internet. I'm sure that's not the norm, but why open the door for every single crazy person to know where you live, including the bottom-feeders? I can't understand it? I'd keep under-the-radar. If you put a phone number and address on a credit report, it opens the door for the Internet world to find you - good or bad. Simple as that. I'd get a magic jack, put that phone number down and either supply a PO Box or a mail forwarding address on a credit report. Your private life should remain private. |
I never read such a concentrated load of shit in my entire life! Okay, except for some of Al Gore's crap...
So... You come in here, all sneaky and annonymous behind your monitor and guest login, and make like you're James freakin' Bond? Playing possum ain't where it's at, bud. Down that path lie all manner of pitfalls. Collectors calling your family, friends, employers, and such in a legal attempt to locate you. Default judgements, after they've exhausted normal service procedures and resorted to service by publication, which you likely missed. Being completely out of the loop as concerns the world at large and how it relates to you. Missing your only chance to get a judgement vacated, because you never knew you'd been sued?
Yup. Sounds like a plan to me.

Playin' possum with creditors ain't where it's at. Trust me, by the time the tenth or twelfth collector has called everybody who might possibly know how to find you, somebody's gonna tell'em where you are. Just so they'll stop calling them, if nothing else.
News flash: Credit reports are not available to just anybody on the Internet. No matter what load of manure our annonymous pal is peddling. Intellus? Zabasearch?? Get real. I'm a very well-known consultant, living in a small town in Vermont. I'm listed in the phone book, both personally and as a business. I just Zaba-searched myself. Sha-zam! 34 hits on people with my name, living in Vermont. Not one of which was me. Not one of which was even in my county.
The way to deal with creditors and collectors is honestly, straight-up, and in their faces if need be. They want to serve you? Wonderful. Sign for the papers, smile, and say 'thank you.' Then go down to the courthouse and have the case dismissed with prejudice as a time-barred debt. End the madness, once and for all. The right way, by working to defend yourself within the legal system. Not hiding from it as this coward would have you do.
[QUOTE=unclewulf;650821]I never read such a concentrated load of
[QUOTE=unclewulf;650821]I never read such a concentrated load of shit in my entire life! Okay, except for some of Al Gore's crap...
So... You come in here, all sneaky and annonymous behind your monitor and guest login, and make like you're James freakin' Bond? Playing possum ain't where it's at, bud. Down that path lie all manner of pitfalls. Collectors calling your family, friends, employers, and such in a legal attempt to locate you. Default judgements, after they've exhausted normal service procedures and resorted to service by publication, which you likely missed. Being completely out of the loop as concerns the world at large and how it relates to you. Missing your only chance to get a judgement vacated, because you never knew you'd been sued?
Yup. Sounds like a plan to me.
Playin' possum with creditors ain't where it's at. Trust me, by the time the tenth or twelfth collector has called everybody who might possibly know how to find you, somebody's gonna tell'em where you are. Just so they'll stop calling them, if nothing else.
News flash: Credit reports are not available to just anybody on the Internet. No matter what load of manure our annonymous pal is peddling. Intellus? Zabasearch?? Get real. I'm a very well-known consultant, living in a small town in Vermont. I'm listed in the phone book, both personally and as a business. I just Zaba-searched myself. Sha-zam! 34 hits on people with my name, living in Vermont. Not one of which was me. Not one of which was even in my county.
The way to deal with creditors and collectors is honestly, straight-up, and in their faces if need be. They want to serve you? Wonderful. Sign for the papers, smile, and say 'thank you.' Then go down to the courthouse and have the case dismissed with prejudice as a time-barred debt. End the madness, once and for all. The right way, by working to defend yourself within the legal system. Not hiding from it as this coward would have you do.[/QUOTE]
Being served by publication is one of the things I'm concerned about. If my creditors put out an ad for me in my old state, I definitely wouldn't have known about it.
I stand by the advice I've given you in this thread. And my repu
I stand by the advice I've given you in this thread. And my reputation in this community speaks for itself.
There are much worse things in life than being sued and having to defend yourself. Being blindsided by an unsuspected garnishment or bank levy after a default judgement is one of them.
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