So glad I found this site. Is it too late to fight? 2 x improperly served and the actual complaint looks so very flimsy!
Nut shelling : Employee of Cavalry who attests to having direct control and immediate supervision of data, also admits that it was accidentally destroyed or otherwise lost. ( not so good at his job ..eh?)
But he also attests in a separate declaration- that he is familiar with files. To me, it seems like they are saying - hey we are suing you because we loaned you money but we lost the agreement saying we loaned you money so we guess you must owe us. They use the "fact" that they gave us money to support the claim that we must have violated an agreement. The agreement is the subject of the lawsuit.
I learned of a Default Judgment, and of the attached lien, in June '19 while attempting a refi. Went to courthouse and read process server had allegedly personally served my ex husband at my house in '09.
However, we seperated in '06 and he lived and worked 200 miles away. Kids and I were gone that weekend which I can verify. Additionally, I ran a licensed daycare and have state docs (interviews, declarations etc) confirming he did not live or visit at the house. He denies getting served. He was, however, legally served for a different lawsuit at his place one month prior to the "personal service" which tells me it was not difficult to get the correct address for him.
I notice the 10 years is almost up. So, Im paying attention as the lien is on my house he failed to deed me.
Fast forward to last week, after noticing Cavalry made an inquiry on my exes credit report ( which had all recent addresses correct and dated) I checked Court file and sure enough, the application, memorandum of costs and notice for renewal was entered. Yet again, notice was sent to a 5 year old old address. Luckily (?) Those kind folks mailed it back to Winn Law Group. Still... the clock is ticking because I do not know enough to think this bad service stops the clock.
So - as I formulate my Motion to vacate renewal ? or Motion to vacate judgement?
Not my debt
Cannot provide proof and admitted that they cannot
I think it has to be very strong to get our foot in the door when it comes to a renewal. But I dont know.. Any ideas would be greatly appreciated. The clock runs out tuesday ( it was extended 3 days because Court and county lost power) maybe getting a declaration from the woman who mailed " all his mail back to sender - Not at Address" would help shine the light on the tactics they employ to cover for lack of evidence.