wobbles Posted October 7, 2004 Report Share Posted October 7, 2004 I received notice from a local atty (an advertisement for their services to file bankruptcy) that said I had been sued and a judgment won by Interim Capital. I called the court house, had to leave a msg and suspect they will probably not return my call. I plan to call again today, but this atty's info contains a case# with the proper codes, etc. for our local court system, so I think I actually have been sued with no notification. I have received these advertisements before when sued, but each of these CA's names & case #'s I knew about - this one was a mystery. I went on PG to see if a judgment appeared on my credit report for this Interim Capital and none does. Among all the CA's I have received various correspondence from, this one does not appear in any of my records, so I don't know who this CA is nor who the OC is.If I can obtain verification from my courthouse that there is a judgment (I think there is, the person I spoke to said there was one on file & transferred me to the court secretary's office, where I left the msg) - where do I go from here. From what I have read here on the boards, I think I can file a motion to vacate, based on improper service. How do I go about this?Thanks for any & all help. Link to comment Share on other sites More sharing options...
Guest Posted October 7, 2004 Report Share Posted October 7, 2004 Well the bad news is.. in our lovely state of Indiana.. all they gotta do is leave the papers in the door and hope they dont fly off.Indiana service is proper if they leave notice at your last known residence.It sucks.Hey, How have you been anyway?!!? Link to comment Share on other sites More sharing options...
wobbles Posted October 7, 2004 Author Report Share Posted October 7, 2004 Hi, I've been kind of OK, hope you've been well.So this means that if they sent papers to my address & I didn't get them, I was served anyway? Can I contest this, or does the judgment stand?I still don't know who the OC or CA is, have gone thru everything I have & cannot find anyone who has corresponded using that name.Frustrated.... Link to comment Share on other sites More sharing options...
willingtocope Posted October 7, 2004 Report Share Posted October 7, 2004 Just a thought...your county doesn't happen to have an online site, do they? Here in the boonies of NW Ohio, we've got a web site like www.co.COUNTY.oh.us that includes a "clerk of court" item that has all legal filings. Link to comment Share on other sites More sharing options...
wobbles Posted October 7, 2004 Author Report Share Posted October 7, 2004 Good thought, but my county is sooooo far behind I'd be amazed if anyone in the courthouse has heard of a computer. We don't have anything online, I've checked.The good news is that after searching diligently today (I called until I found someone with a brain), that the cause# that was referenced was not mine, belonged to Jane Doe (name changed to protect the innocent). The atty's ofc that gets these judgments from public record apparently mixed up the labels, one had names, one had cause# & name of who was suing you. This one was not mine, thank God!I did call the blankety-blank atty's ofc & told them, not mine & you should be more careful with your general mailings, maybe the person this did belong to might actually want your services, and all you did was scare me half to death. They were, of course, less than helpful.Thanks to all who replied. Link to comment Share on other sites More sharing options...
calawyer Posted October 7, 2004 Report Share Posted October 7, 2004 It actually illustrates an important point. When retrieving and reporting information from public records, mistakes are frequently made.Nice to see you again Wobbles and I am happy this problem was solved. Link to comment Share on other sites More sharing options...
wobbles Posted October 8, 2004 Author Report Share Posted October 8, 2004 Thanks calawyer - I'm glad this helped to illustrate a point, in some small way, this experience nearly gave me heart failure. Also a reminder not to over-react to any mailing that says 'advertisement'. Link to comment Share on other sites More sharing options...
Methuss Posted October 8, 2004 Report Share Posted October 8, 2004 The good news is that after searching diligently today (I called until I found someone with a brain), that the cause# that was referenced was not mine, belonged to Jane Doe (name changed to protect the innocent). The atty's ofc that gets these judgments from public record apparently mixed up the labels, one had names, one had cause# & name of who was suing you. This one was not mine, thank God!Would this not qualify as negligent non-complaince with the FCRA? Especially if you disputed it to the CRAs and it was verified? Link to comment Share on other sites More sharing options...
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