File a motion to dismiss for improper service at the court house.

Irishpat has a good idea but we can probably do more than that. If you can give us a little more info, we can give you the best possible information and options to deal with those crooks.

1--what state are you in?
2--Just how old is this debt? You said the debt was originated before you were married, but when did it first go delinquent? That is what matters as far as statute of limitations. Do you know the month and year that this debt first became past due?
3--Had CACH been contacting you at your actual address before they sent the summons to the wrong address??? If you had gotten letters and phone calls from them, you can show the court that they knew exactly where to find you but tried to fraudulently file suit against you by serving at an address they knew to be wrong. This would especially be true if you had responded to any of their letters or phone calls. In the case of letters, bring the letters to court. In the case of phone calls, bring a phone bill showing those calls.

Yes, you can file a motion to dismiss due to improper service, but all that will do is stop this case where it stands. It will not stop CACH from trying to collect on the debt. If we can show that the statute of limitations has expired, for example, then it will put an end to them trying to collect the debt permanently. Please get back to us...

Jon

I know for a fact that we have not passed the statue of limitations. FYI we live in wisconsin.

As far as correspondace...they have NEVER sent us anything in the mail, at least not to my knowledge.

I was told through the grape vine that they cannot proceed with the case unless there is proof that we were served. Not sure if this is correct. If so, then i have some time to burn. We have not recieved nor signed any forms indicating knowledge of a court case.

But here is my plan so far, not the best but what the heck.....
My wife babysits for cash, so there is no reportable income not garnishable income. Our checking account is joint, but i wanted to take her off of it so that they cannot freeze it.
They are suing HER not me, from before we got married.

However...i was told this may not work. Because we are married i inherit her debt, so can they still freeze MY checking account, or will my plan buy me some time?

Also i wasn't going to show up for the court case, because if i do it shows my knowledge of the case, as far as i see it, if they cant serve me then they can't get the money, nor can they proceed with the case.

THanks guys, let me know