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If a judgement gets vacated, can the CA-Law firm sue again?


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A Collection Agency - Law Firm messed up and started collection activities against me using the wrong last name. Then they started using the wrong last name AND aka my correct name in their calls and letters. I sent them a DV+limited C&D, with no validation, just continued calls (violation 2-3x).

Well now they have filed suit, still using the wrong name AND aka the correct name. After receiving the little slip from the Post Office (to the wrong name only) saying there was a certified letter from the Court (their service of of the suit,) I had the post office return it to the court as addressee unknown.

In watching the status of the lawsuit on the court's online web site, it does state "Failure of Service on Defendant - addressee unknown notice mailed to plaintiff's attorney."

Also, the suit does appear on my TU Credit Bureau Report, so they do have my correct S.S. number.

Now the court has scheduled a Case Management Conference for later this month.

1) If they do get a judgement, can I get it vacated because I was never properly served?

2) If I do get it vacated because I was not properly served, can they re-sue me again?

Please, anyone, any suggestions?

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I am sorry, I can't answer your question (and I know you got excited because you saw that someone replied) :?

But I was just wondering how you found your court's online web site? I would love to know how to keep up on all the trials and what not in my area.

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As far as I know if the debt is still within the statue of limitations and the judgment was vacated and nothing was done 'with predjudice' then they can refile.

I had a judgment vacated because it was entered as a default even though we filed a response. They ended up getting the judgment again after having the 'hearing' for the motion for summary judgment. Back then didn't know how it all worked so we didn't actually go to the hearing. Come to think of it, I don't think we 'knew' about the hearing. Didn't matter because we settled it, but they did actually get the judgment after the initial default was vacated.

Hope this helps

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I am trying to do just that and deal with the problem. I was getting advice from many people and so I put this post here to try to get some answers. I'm not trying to duck the situation by any means. I certainly didn't mean to imply that I was not trying to deal with the situation. I didn't really think I had my head in the sand.

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i think you would be better off trying to deal with the court case here and now, you know about it, they attempted service at your address, you refused it, its going to be difficult to get it vacated for lack of proper service under those conditions.

you should be getting the details of the suit from the court, so you can prepare your answers and defenses. stand up and fight it now.

theres plenty of good people here that will help you with the answers and anything else to do with the case :)

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You need to research your particular state's rules on vacating judgments. Usually, if judgment is vacated, the plaintiff doesn't even have to "refile". The defendant is ordered to respond to the complaint within a certian period of time. In some states, it is a requirement that the defendant submit a proposed answer to the complaint along with the motion to vacate.

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