creditfix Posted November 20, 2002 Report Share Posted November 20, 2002 We had 2 Leasecomm accounts. They sued us around 1996 from MA and we live in CA and signed the contract in CA. We filed an Answer and were told that the suit was dropped. We didn't know at that time they couldn't sue us out of our county. In 1999 they hired an attorney in CA who in turn filed a copy of a judgement with the Sheriff in our county. It isn't legal for them to get a judgement against us without us being served. They have not reported the judgement to CRA but it shows as a collection account and they have re-aged the account to show that we made recent payments this year when we didn't. What is the best plan of attack for a) removing this from the CRAs and b)vacating the judgement (they've never collected anything from our bank accounts) Please help. Thanks Link to comment Share on other sites More sharing options...
admin Posted November 20, 2002 Report Share Posted November 20, 2002 Vacating the judgment and then sending a copy of the vacation to the CRAs. Link to comment Share on other sites More sharing options...
jconn40 Posted November 20, 2002 Report Share Posted November 20, 2002 <blockquote>Originally posted by creditfixWe had 2 Leasecomm accounts. They sued us around 1996 from MA and we live in CA and signed the contract in CA. We filed an Answer and were told that the suit was dropped. We didn't know at that time they couldn't sue us out of our county. In 1999 they hired an attorney in CA who in turn filed a copy of a judgement with the Sheriff in our county. It isn't legal for them to get a judgement against us without us being served. They have not reported the judgement to CRA but it shows as a collection account and they have re-aged the account to show that we made recent payments this year when we didn't. What is the best plan of attack for a) removing this from the CRAs and b)vacating the judgement (they've never collected anything from our bank accounts) Please help. Thanks</blockquote>Creditfix,Go to the county courthouse clerk and get the forms to have the judgment vacated for improper service pro se. It's easy to fill out and someone there should be able to help you. They may even have the original envelopes their that they claim to have tried sending the complaint to you in. Dont worry, just file and request oral argument. Can you get documentation from the MA county you lived in that it was dismissed? Then you can show a judge the trail of the lying CA. I hope that helps.Jerry Link to comment Share on other sites More sharing options...
creditfix Posted November 20, 2002 Author Report Share Posted November 20, 2002 Thanks for the advice. Jerry, we never lived in MA. That's part of the problem, they sued us in a state where we never lived and didn't sign a contract there either.We will go to the County Clerk's office here and start the ball rolling to have the judgement vacated. Link to comment Share on other sites More sharing options...
jconn40 Posted November 20, 2002 Report Share Posted November 20, 2002 Credit fix,You may want to call the Clerk first. Here in my county they have a special division called "Special Civil" that handles cases to high for small claims and under a certain $ amount. So, just check what part of the county court is handling it to avoid the run around when you get there. It may or may not be small claims.Jerry Link to comment Share on other sites More sharing options...
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