wimf77

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About wimf77

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    Mississippi
  1. Update: So far I have been contacting law practices with no luck. I have been either referred to another practice, turned down flat, or not had any correspondence (phone and email) returned. I make too much for the state's legal services. At this point I am seriously considering bankruptcy....
  2. Hi BV80, That is what I was told at the circuit court by one of their clerks. I went directly to the court house that I saw notarized the writ of garnishment and asked for all documents to be copied for me.
  3. No, I lived alone at the residence. I have gotten a sworn affidavit from the landlord. I have researched on my own and called the specific court house. There seems to be nothing that I can do on my own (motion to vacate or form to object to the default judgment) without an attorney. But no attorney will take the case. The case I read before where the process servers were penalized monetarily was because the judge ruled that they swore that they served people who were actually dead or incarcerated. But wait, it gets more interesting. The judgment was overturned because it was found that they (the process servers) were not given due process. Unbelievable.
  4. Hi Clydesmom, I actually checked that already and Mississippi is not one of the states who allow that practice. Also on the affidavit that the processor filled out to get paid he completed a section stating that he delivered it to "person", I can only presume that this means to me personally since there is another section or option to say that the summons was left with someone else at the residence. I just found an article regarding 3 process servers in Mississippi who were found guilty of such practices from 2012 so I am a little hopeful. But of course it was in another jurisdiction than mine.
  5. Thank you so much for the information. I am reading each case now. And I am continuing to look for an attorney who may be willing to help me locally. It seems most of them do bankruptcy work and are quick to point me that direction. The most recent response being, "The chances are slim to none that a Judge will set aside an Order entered 7 years ago. The only recourse you presently have is to file bankruptcy to stop the garnishment UNLESS you contact the attorney for the credit card company and enter into a payment agreement. You maybe able to pay the company directly instead of having them garnish your check. The only downside is that the company may not agree to that offer due to the passage of time. I do handle bankruptcies if that is an option for you. Initially the bankruptcy will adversely affect your credit score. Once you are discharged, you can work to rebuild your credit. I have had clients who have qualified to purchase houses approximately 1-2 years after being discharged from bankruptcy." At this point, the interest charges have more than doubled the original debt. I know that bankruptcy will definitely work in favor of an attorney's income but it would absolutely destroy my credit. Even though it was several years ago, doesn't everyone have the right to due process? It is frightening that something can not show on your credit report, you can get a dishonest service processor who only collects $30 and disappears, and those working in the system presents that it doesn't matter, just file bankruptcy. I digress from frustation. I thank and appreciate any and all assistance from you all.
  6. I would like to post regarding my situation. I would appreciate any advice that can be given. I have recently been told that I have a garnishment that will begin in about a month from now. I was taken aback because I have been attending to my credit reports for the past couple of years very closely. I have fair to good credit scores and I never saw anything pertaining to bad debt. I began searching for what the issue was. I went to the court house where this originated. In the whole process I have found: A credit card was charged off in 2006The "placement manager" for the credit card company did an affidavit stating that something is true and correct (there is no additional documents to see with this affidavit)A complaint was filed and a summons issued in March 2006I was allegedly served in April of that same year; HOWEVER this is impossible because I did not live at that address at that time. And I have documentation from my former landlord to support this.A default judgment was ordered.This year, 2013, the lawyer signed an affidavit to serve my job (not me)There is a proof of mailing (mailing what? I don't know because there are no other documents with it). And also they mailed it to the address from 7 years ago again, although they should have had my address from my job.The lawyer and circuit court clerk signed a "renewal of judgment" in May 2013. Apparently there is no need for a judge for this.A suggestion of writ of garnishment was signed and issued in August 2013.My thought is that it should be thrown out due to: Statute of limitations (3 years in MS) No due process (I was never served)However, the few lawyers that I have attempted to contact basically say that it is my word against the service processor and do not want to take the case. Even though I have a statement from my previous landlord. Some have also said to file bankruptcy. I have decent credit through my own diligence and trying to resolve anything on my credit reports. I know that both bankruptcy and garnishments wreak havoc on credit scores. This whole situation seems wrong. But it seems like I cannot find anyone to help.
  7. I would like to post regarding my situation. I would appreciate any advice that can be given. I have recently been told that I have a garnishment that will begin in about a month from now. I was taken aback because I have been attending to my credit reports for the past couple of years very closely. I have fair to good credit scores and I never saw anything pertaining to bad debt. I began searching for what the issue was. I went to the court house where this originated. In the whole process I have found: A credit card was charged off in 2006The "placement manager" for the credit card company did an affidavit stating that something is true and correct (there is no additional documents to see with this affidavit)A complaint was filed and a summons issued in March 2006I was allegedly served in April of that same year; HOWEVER this is impossible because I did not live at that address at that time. And I have documentation from my former landlord to support this.A default judgment was ordered.This year, 2013, the lawyer signed an affidavit to serve my job (not me)There is a proof of mailing (mailing what? I don't know because there are no other documents with it). And also they mailed it to the address from 7 years ago again, although they should have had my address from my job.The lawyer and circuit court clerk signed a "renewal of judgment" in May 2013. Apparently there is no need for a judge for this.A suggestion of writ of garnishment was signed and issued in August 2013.My thought is that it should be thrown out due to: Statute of limitations (3 years in MS) No due process (I was never served)However, the few lawyers that I have attempted to contact basically say that it is my word against the service processor and do not want to take the case. Even though I have a statement from my previous landlord. Some have also said to file bankruptcy. I have decent credit through my own diligence and trying to resolve anything on my credit reports. I know that both bankruptcy and garnishments wreak havoc on credit scores. This whole situation seems wrong. But it seems like I cannot find anyone to help.