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Providing a Correct Address at a Motion to Vacate

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I received notice of a judgment from a law firm regarding a credit debt. At the same time I also received notice of a summons from another card co. They are both from the same law firm. The problem is that I did not get personally served or received ANY letter.

My question is if I file for a motion to vacate and dismiss the summons and the creditors attorneys happen to appear can they force me to give a new address if i have moved and they dont have my new address?

Also does the chance of the attorneys increasae if i called them to let them know that I did not received any notice. I also offered to settle but their offer was too high so i have a agency trying to settle. I have settled two other debts in the past few months which is why they probably are acting. Please provide me with correct legal info.

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Don't talk to them on the phone, first of all.

Ok....so you have 2 separate debts being collected by the same company (law firm), right?

One you got a notice of judgment....was it a default judgment? Did you know nothing about this? If you didn't receive anything at all (summons, etc), you can file your motion to vacate based on improper service.

The other...you got a summons...right? You need to answer the summons - send an Answer, Defenses and Counterclaims. It's not time to vacate this one...there's nothing to vacate yet.

You need to file Notice of Change of Address with the court clerk. At this point, they KNOW where you are because you have all this stuff in front of you. They won't like it if you respond and then try to use the 'proper service' bit again.

First thing you need to do is worry about the summons. Search this board and the net for answers and defenses.

Do you have collection letters from any of these people? What is the history of these debts? We need to establish some counterclaims to get them off your back or make them want to settle.

But you HAVE TO answer this summons. It's not as intimidating as it sounds.


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Hang on here.. there may not be any improper service. Personal service is NOT the only legal service in most states. If they do not have your current address, then they WILL send it to your last known address and that likely will not constitute improper service.

The FIRST thing you need to do is get a copy of the judgment case file and find out EXACTLY how service was performed. Defective service is not as easy to prove as people seem to believe.

What state are you in ??????

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You cannot avoid giving your correct address, since you will have you give it to the court.

Remember, if you move to vacate a judgment, you must show 1) a reason why you didn't answer it and 2) a meritorious defense.

If you have just been served, you need to answer the complaint. A good answer with defenses and a discovery demand will slow them down. If you are successful in opening the judgment, you will face two lawsuits, but it may give them pause to consider a settlement with you. Be prepared to offer them something.

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Thanks Lady In Red and the rest.

First, I am in New York. The law firm stated by phone to me that they served someone in my building, but there is no such person in my building. Is this correct in New York?

Second, someone here said don't talk to the lawyers. I guess he means i should get one myself. Another question is if I called them from home and they did not have my number before do some of these law firms have caller id's for even unlisted numbers in new york. I know for a FACT that once a credit card co. told me my own telephone when i called them even though the phone company said my number was unlisted.

Third, should i just try to settle and satisfy the judgment or go through the trouble of vacating it, getting served again and then settle.

If I dont have funds to settle will they garnish?

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