Asset Acceptance judgement
Date: Sat, 08/14/2010 - 06:51
You need to contact the court where the judgement was obtained a
You need to contact the court where the judgement was obtained and motion to have the judgement set aside for lack of or improper service. Have you found out when the judgement was obtained?
Correct, but the big issue here is that they have never been ser
Correct, but the big issue here is that they have never been served. The judgment can be set aside for lack of service. It could not be refiled as now it would be out of SOL,.
It is possible that this lawsuit against you was also done after
It is possible that this lawsuit against you was also done after SOL expired, which would be your second point to handle.
Contact your bank and request that they provide the documentation to you regarding the levy. They are required by law to provide it, I do believe. When you get the information, it will tell you the name and location of the court where this lawsuit was filed.
If this lawsuit was not filed in the county where you live, then you have two legitimate grounds for getting this vacated. Under federal law, a debt collector can only sue you in one of two places over a debt--either where the debt originated or where you currently reside. If this was not done in either of these two places, then it is called "improper venue". Companies like Asset Acceptance are known for trying to have the summons served at an address that they know isnt your correct address any longer, or simply at a wrong address entirely. They are also known for suing people in different counties, so that the chance that you would find out about it is very small. Both of those are illegal actions on their part...so if that is what happened here, you have a good chance of getting this overturned. Debt collectors ESPECIALLY like to use tricks like this when a debt has passed the SOL.
Check with your court clerk's office in your county too, to see if it was actually in that court. Let us know what you find, I would be happy to help you put together an order to show cause-motion to vacate if this is indeed what they did.