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Showing results for tags 'never served'.
I am about to argue a motion to vacate a default judgement. The original complaint was filed against me without my knowledge in late 2011. The alleged date of default is from 12/5/08. I only learned about the lawsuit in April 2016, when I was sent a Notice of Wage Garnishment. I am arguing pro se. I did already object to the wage garnishment but in addition I have filed this motion to vacate. The Plaintiff (Midland Funding) and their attorney (Pressler & Pressler) sent everything from the initial 2011 complaint to the wrong address, even though I had formally changed my addre
I have a default money judgment against me from midland funding at civil court in NY, however I was never served because they used my old address. Now I've received a letter from my bank stating they are going to allow the plaintiff to garnish my bank account in 20 days. 1. What do I ask for in my order to show cause? 2. I was advised to file a stay enforcement. What is this? 3. When and how can I ask for proof from the plaintiff? Any advice will be appreciated.
So, Obvisouly I need some advice asap. My wife and I are in the process of buying a house. When the mortgage broker pulled up our credit report, it stated that there was a judgement against my wife. Well, we were shocked, of course. Beucase we never received a commons. the problem is, is that we lived in new york and moved to Pennsylvania in 2011. When we checked the court documents online, the summons and judgement were issued in 2012. The company suing us is CAVALRY SPV I, LLC. On the compliant submitted by Cavalry to the court, it does not mention any account numbers or anything else. All