Beasua75
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@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 fi
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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 a
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I will do that. Thank you! I do appreciate everyone’s feedback and time! @Clydesmom
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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 fi
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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 upl
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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 s