Judgement After Not Being Served and No Verification of Debt

[dr.drew]

Hello, I've been reading these forums for a few days but there's still a few things I'm unsure of and would like some advice on.

So back in 2010 I was sent a notice that I was being sued by an attorney who was attempting to collect on a debt from a credit card from 2007 (which makes this older than the GA statute of limitation for open debt; 4 years). I immediately sent them a request for verification of debt and received no response. I honestly thought the card was closed and I moved a few months later so if any statements were sent it's possible I didn't receive them.

I sent another letter two weeks later with a copy of the original letter and restating my request that the debt be verified. Still with no response. Well, since then I haven't heard anything from this office until earlier this week when I received a letter from them stating that a judgement had been made and to contact them immediately to make payment.

I did not receive a summons to appear in court or was I notified of a date of a hearing. The letter did have a case number that appeared to be from the county I live in (I can't verify this till Monday).

My current plans are to file a SC-135 as I was not properly served and attempt to have the debt dismissed on the grounds that it is past the statute of limitations and was never verified.

Does this plan seem logical? Is there anything I'm missing before I proceed? I know I made a mistake by not sending the verification requests by delivery confirmation. I've considered hiring a lawyer but I just don't have the extra funds right now as I'm paying off student loans.

Thanks in advance for any advice that could be given.

[BV80]

The SOL for cc debt in GA is 6 years. That being said, you still should have been served a summons and complaint. I'd go to the courthouse and get a copy of the file. The document showing the manner of service should be in there. See how they claim you were served and go from there. You could possibly file a motion to vacate based on lack of service.

In fact, you might be able to check the court online to see if there really is a judgment against you.

[dr.drew]

Can they write me a letter saying there was a judgement if there wasn't?

[BV80]

Collection agencies, junk debt buyers, and unscrupulous collection lawyers have been known to use unlawful tactics to collect money. They've been know to send documents that look like summons and complaints when they weren't. Such actions are FDCPA violations.

I'm not saying this attorney did that, but you want to make sure.

[sacto2b]

Originally Posted by BV80

The SOL for cc debt in GA is 6 years. That being said, you still should have been served a summons and complaint. I'd go to the courthouse and get a copy of the file. The document showing the manner of service should be in there. See how they claim you were served and go from there. You could possibly file a motion to vacate based on lack of service.

In fact, you might be able to check the court online to see if there really is a judgment against you.

In my case on Friday I was short about 250 on my biweekly paycheck and after further review have learned that a garnishment was placed against my paycheck. I discussed this with A colleague and she went online and showed me the judgment and proof of service on Oklahoma City website like you stated. Proof of service was from an address I lived at over two years ago and it states the name of the person served was the owner of the house no relationship what so ever I was leasing the house from as resident/family member.

This garnishment is the first notification I have got what so ever. I am not sure if this is a valid debt or not but I certainly would have settled on this way prior to any garnishment had I had any idea this was going on. Do you think i need to get a lawyer or can i personally file to vacate fairly easily myself? If i do owe this i just want to be able to settle it. I can’t imagine that once the garnishment is ordered i would have any bargaining power. I can easily show i have not lived at address served as i have a lease showing otherwise.

Any help would be appreciated.

[usctrojanalum]

Gotta get into Court and show them where you lived when they served you. Good news is I think you will be successful at getting the judgment expunged and then you will have some good bargaining leverage.

[sacto2b]

By getting into court do you mean file a motion to vacate for not being properly served. I have a valiid drivers license with address change a year before being served. I have expired lease from address being served and also have new lease showing I moved. Do I just take that down to the courthouse and show them?

[usctrojanalum]

Yes, prepare a motion to vacate - order to show cause whatever your jurisdiction allows. You'd want to state that the judgment should be vacated because the court lacks personal jurisdiction over the defendant. use a copy of your license and your new lease as evidence of your place of business. should not be too difficult to prevail in a case like this.

[sacto2b]

Great, i really appreciate you advice. Thank you.

[sacto2b]

Originally Posted by usctrojanalum

Yes, prepare a motion to vacate - order to show cause whatever your jurisdiction allows. You'd want to state that the judgment should be vacated because the court lacks personal jurisdiction over the defendant. use a copy of your license and your new lease as evidence of your place of business. should not be too difficult to prevail in a case like this.

USC, i was searching for sample motions to vacate and couldnt really find one that just addressed proof of notice they alway seem to talk about other things. Do you know where i might get one? Also, not sure if i was clear or not about not being served at the right address. I was serviced at a old address but i was in the same county so i when you say jurisdiction does the applies to a address regardeless of countr or say state?

[NeverServed]

Originally Posted by dr.drew

Hello, I've been reading these forums for a few days but there's still a few things I'm unsure of and would like some advice on.

So back in 2010 I was sent a notice that I was being sued by an attorney who was attempting to collect on a debt from a credit card from 2007 (which makes this older than the GA statute of limitation for open debt; 4 years). I immediately sent them a request for verification of debt and received no response. I honestly thought the card was closed and I moved a few months later so if any statements were sent it's possible I didn't receive them.

I sent another letter two weeks later with a copy of the original letter and restating my request that the debt be verified. Still with no response. Well, since then I haven't heard anything from this office until earlier this week when I received a letter from them stating that a judgement had been made and to contact them immediately to make payment.

I did not receive a summons to appear in court or was I notified of a date of a hearing. The letter did have a case number that appeared to be from the county I live in (I can't verify this till Monday).

My current plans are to file a SC-135 as I was not properly served and attempt to have the debt dismissed on the grounds that it is past the statute of limitations and was never verified.

Does this plan seem logical? Is there anything I'm missing before I proceed? I know I made a mistake by not sending the verification requests by delivery confirmation. I've considered hiring a lawyer but I just don't have the extra funds right now as I'm paying off student loans.

Thanks in advance for any advice that could be given.

Whatever happened to your case? I have something like this happening to me now. Yet I was never served in a nother state. But I am a resident of ga. Any insight you might have would be awesome!