Need advice, will have to go to court.
Have a few questions, hopefully someone will be able to answer.
So here's the story:
I recently received a garnishment notice when I was supposed to be getting my tax return. It turns out that I was sued and there was a default judgement against me.
Although, I never received a summons. The firm supposedly served me by mail.
The summons was sent to my last address, however, I did change my address with the post office (I'm getting verification of it).
If I was served by mail, and the attorney sent it to the wrong address, can I file a motion to dismiss?
If I can't, what is the best way to contest the charges?
These charges stem from an old Sears card I had. This firm is trying to get $1400 from me on a card that had a $500 limit. And last I remember, the card wasn't maxed out before the account was closed. As far as I remember, it was paid off.
Does the creditor have to prove that the charges are reasonable and prudent?
Also, does the original creditor (Citibank) have an obligation to provide me with documentation regarding my account? i.e. total amount borrowed, total amount repaid, fee's incurred, and interest charged.
I called Citibank earlier and they referred me to Resurgent saying that they have all of the information.
When I called Resurgent, they said that they have no detailed information about my account other than the debt amount.
Now if I'm way off, on all of this, what is my best course of action.
NOTE: I am in Michigan. I can not afford an attorney (I was injured at work last year and still unable to work).
File a motion to vacate the judgment as the summon was served at
File a motion to vacate the judgment as the summon was served at the wrong address. As for the second part of your problem, send a Debt Validation letter to Resurgent and wait for their response. Don't make any payments on this account till they validate your debt.
Hey thanks for your reply Steve. I went to the court today and s
Hey thanks for your reply Steve. I went to the court today and submitted a motion to vacate the judgement.
I looked through the case file and according to it, they supposedly mailed out summons on the 28th of April last year.
I went to the post office and acquired a "Request for change of address or boxholder information needed for service of legal process" form stating that I had changed my address on April 1st.
Under those grounds, does anyone think that the judge may not grant the motion?
Also, I spoke with a Resurgent agent the other day and asked if they had an itemized list of the charges on my account. The agent said that he believes that they only have a statement of the total debt owed.
Can I subpeona the original creditor to give me an itemized statement or statements, of my debt?
I need this information to prove that the breadth of my debt is actually fee's and not monies I borrowed.
Thanks again for your reply.
You should be able to call the original credit to get a statemen
You should be able to call the original credit to get a statement of charges...they probably will not provide you with all of them but maybe the last years worth.
