crd12

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About crd12

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  1. ok i will thank you, i;ll be looking for an attorney today. the next hearing is set for the 19th. and about the SOL in Arizona, ars 12-505 states that any change in limitations does not revive previous time barred accounts.
  2. hey everyone, im back and in need of advice. so today i had my hearing, and the attorney showed up 15 min late. the judge let the hearing start with only me in the room. so i began to tell him how i was never served and all the paperwork was adressed to my father and his wife. and also that neither he nor i have ever been served. the judge considered quashing the garnishment but then the attorney asked if he could schedule another hearing to research his documents. now wouldn't them filing all this legal action be a violation of civil procedures in arizona for not ever serving anyone? i also went to the law library and got all documents associated with this and found that the account they are started accruing interest on 12/23/05, though not the cause of action just based on that, and them starting their legal action on 08/30/10, wouldnt this be past SOL in arizona? prior to the revision of ars 12-548, this would have fell under ars 12-543. and ars 12-505 does not allow new statutes be retroactive. would this be illegal?
  3. hello, im back. so today i had my hearing, i showed up, and their attorney showed up 15 min late. so i started the hearing without them, i explained to the judge how i was never served. and showed proof of it by having my current address' contract and closing date which was dated almost a month before they claimed they served me at my old address. the judge wanted to quash the garnishment, but the attorney asked for another hearing to give him time to research the documents he has. now one thing that really upset me is how can the judge continue when they never served, not having proof of who they are after, me or my father, and also the fact that they obtained judgement while never serving me, which would be a violation of service procedures wouldnt it?
  4. thank you, i will look into it asap. as the hearing is in a week. im very relieved a site like this exists.
  5. ok will do. when you say file, do you mean i should file it with the clerk of the court? or just have it in writting on the day of the hearing?
  6. thanks for the advice its really appreciated. this is very stressful. thats what i was thinking of doing at the hearing. the only thing i worry is that my lack of legal experience will ruin it for me. and they might have some sort of document that dooms me, given that i have no clue what has been shown as evidence on their part. would i need to file a motion to argue the debt? im worried i might be missing a document, a statement, something on the day of the hearing. should i put my arguement in writing?
  7. it very well could be, im not sure. i asked my mother and she said he mentioned it once but that he didnt hear anything else about it after receiving the settlement letter. on the summons it has the last four of my ss#. so i pulled my credit report and the only mention of a bank of america account, which this is, says it was opened in 1995 and is in good standing, but then the issue with this is that, i was 13 years old in 95. and im pretty sure its not allowed for a 13 year old to open an account. another thing that cought my eye is that on my credit report under names reported, it lists my fathers full name on my ss#. so someone reported this on my ss# but under his name. i had a bank of america account long ago but it was a checking account in which i didnt leave a debt.
  8. hi everyone, sorry for taking a little of your time. i'm over stressed because of this midland issue. i received the writ of garnishment from midland. i filed for a hearing and its a week from now. i'm in arizona and am looking for any advice and or help. to begin i received this notice with a packet of all the other summons of complaint, summons of judgement, and the summons for garnishment. i posted this story in teh post judgement room, but wanted to see if i could get help in this room seeing there are alot of midland featured posts. one thing is that i have never been served prior to this. now, one thing to note is that my father and i shared the same name, my father passed away in a work accident last july. on the summons the defendant is listed as our name, no junior or senior listen, and then reads, "and his wife" followed by my mothers name. all the summons are written the same, and to start i have never been married. another issue is that, while looking thru my fathers mail, i found one letter from midland which was an settlement offer and not a summons from last year, an on that letter the name is misspelled. also midland notes that i started accruing interest in may of 2005. and from the paperwork midland sent me, they started the complaint in april of 2011. would i be able to fight the fact that i was never personally served? i was never married? or can i also fight that this was past the SOL in arizona? in which the statutes in arizona were extended to 6 years in april of 2011. before this credit cards were considered and open account and fell under a.r.s 12-543 which limited the SOL to 3 years. and the new revision known as House Bill 2412 signed on april 12, 2011, was not noted to be retroactive. should i file a motion to vacate judgement? a motion to dismiss? any help will be appreciated.
  9. hi all, obviously this is a post judgement case. unfortunately i received a writ of garnishment from midland here in az. now when i say i i mean my name is on the letter, but the issue im having is it says my name and then i reads and his wife, then i t reads my mothers name. first, i dont have a wife, and second my father and i share the same name. the issue i am having is i was never served, even from the start of the complaint. in the packet i received i received a copy of all the other summons up until the garnishment. and every single one of them lists the defendant as my same name and my mothers name. now, i cant ask my father if he knew of this, unfortunately he passed away in a work accident last july. when looking thru his mail i came accross one letter from midland offering a settlement, and on that letter the last name is misspelled. another issue i am looking at, is that this is an account from bank of america, which midland, according to the summons, they started collecting in may of 2005. the only progress i've made is filing for a hearing. now im stuck, and in need of advice and im unable to afford an attorney. i pulled my credit report, and on there is an account from bank of america, that was opened in 1995, the issue with this is that at that time i was only 12 years old. so i'm pretty sure i was unable to get a credit line on my behalf at that age.