Beasua75

@Clydesmom @BV80 @Goody_Ouchless Thank you for your feedback. Party not given actual notice in time to defend action brought by a debt buyer (Civ § 1788.61): Similar to the grounds discussed above, Civ § 1788.61 permits a defendant to set aside a default or default judgment when service of a summons did not result in actual notice in time to defend cases brought by a debt buyer. This code section applies only if you were sued by debt buyer, such as a collection agency or law firm that purchased the debt from the original creditor. Motions brought under this code section must be filed within either 6 years after the entry of default, or 180 days of the first actual notice of the action, whichever is earlier. What does the above paragraph mean? @Clydesmom

No worries, I’d probably think the same. From what I know by being personally served by the same process server, he served me the court documents for my house because it was being foreclosed, I never signed any documents. I was never avoiding being served, it was hard to catch me there because I didn’t want to be there because of the memories plus I was drinking a lot. Not that any of that matters but I know for a fact I was not personally served and no one was ever given such summons that may have been there. I was friendly with the server when he gave me the summons for the house. It’s about a two hour drive for him to serve me. I don’t think he had anything to do with the false proof of summons. I honestly believe that the jbd’s did this and still do this.

I will do that. Thank you! I do appreciate everyone’s feedback and time! @Clydesmom

Party not given actual notice in time to defend action brought by a debt buyer (Civ § 1788.61): Similar to the grounds discussed above, Civ § 1788.61 permits a defendant to set aside a default or default judgment when service of a summons did not result in actual notice in time to defend cases brought by a debt buyer. This code section applies only if you were sued by debt buyer, such as a collection agency or law firm that purchased the debt from the original creditor. Motions brought under this code section must be filed within either 6 years after the entry of default, or 180 days of the first actual notice of the action, whichever is earlier.. thank you for your feedback. I am most certainly not getting my hopes up as I do understand time limits. I don’t want to have to file bankruptcy because I just started rebuilding my credit, I’m not entire ok after losing my son but I am trying to get my life back on track. Say that everyone agreed that the proof of service was forged/false/fake then everyone will also agree that there was no service. The court lacks jurisdiction to do anything on the matter, right?

I have consulted an attorney. I thought I’d give it a shot on my own. I’m hoping that I can stop Midland from garnishing based on merit and non service. I have a good solid defense with the forged signatures and maybe excusable neglect. Answer me this if you will: If the documents state that I was personally served that literally means me not anyone else? If I had time on my side and with the proof that the documents were forged along with all the other violations I would stand a good chance of getting them vacated? If you are willing to look at the document signatures I’ll upload them @Clydesmom @BV80 I do thank you both for your feedback. I figure I don’t have much to lose by at least trying.

Can someone please answer this question? If the proof of service documents say that I was personally served but wasn’t served at all, grounds to have a judgment vacated even though I still resided at the address? Proof that I wasn’t personally served is in the documents they filed. Forged signatures. I was sued by PRA and Asset Acceptance/Midland Funding several years ago. Default judgments awarded to both of them because I didn’t appear in court. I wasn’t personally served like the proof states. Both PRA and Asset Acceptance filed proof of service, using the same process server. The signatures on the filed documents are obviously different. One even has a date a month after the day the server claimed I was served. The signatures, spacing, font, and dates are clearly suspicious are my proof that I was never personally served. I had lost my son, was laid off due to the recession that caused many Americans hardship, was losing my house, and had exhausted all my unemployment benefits. I didn’t care to be alive then. I suffered major hardships that turned my world upside down. I was judgment proof. Judgments were entered in 2012. I understand timing is an issue but I still want to try to have them vacated. It wouldn’t be hard to prove that the documents are forged,false affidavits were submitted, no valid documentation showing proof of a contract, and other violations. I finally started to pull myself together and started working again May, 2014 and since then my wages have been garnished by PRA. Asset is patiently waiting and getting bigger every day. Can someone give me hope? I can and will upload the documents if I need to.