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Showing results for tags 'mailbox rule'.
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I have a default judgment where i wasn't served and have a hearing this week to vacate. I have solid proof that I was somewhere else and wasn't available to be served but there is an issue. I disputed and asked for verification by sending 5-6 letters over a years time. The debt collector is claiming they responded to my 1st dispute with a letter giving information on the judgement. It seems the judge was giving this a lot of weight. I never received the letter and don't even believe they sent it but am learning it is tough to prove. It seems with the mailbox rule the court presumes i received it. The letter they say they responded to they claimed was sent 6/2020 My disputes/ request for specific documents after that didn't acknowledge the judgement either (because i didn't know about it). All they submitted as evidence is a PDF of the letter. No postage. I have strong meritorious defenses to the debt but need to have success getting default overturned. Is there a better way to argue against this? I'm in IL