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Help Fast.Please-Vacating a Judgement need to do by 3/12/05


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Wow, I need help...I pulled my credit report on 02/08. I saw I had a judgement levied against me by a company- Platinum Financial services. Their lawyer obtained a default judgement against me on 3/12/04. I was never served. I have not lived at my parents house for 8 years. They were told numerous times I do not live there. I didnt even know I was being sued. Their lawyer even included the letters unopened with the words written " I do not live there". On the lawsuit, there are several problems. My street address is incorrect. The server says he posted it on the door. Platinum says they are an assignee of New Century. They have even moved to garnish my wages and refunds. I need to move asap to vacate the judgement. Should I simply state to move to vacate based on improper service and get affidavids from my family who lives at the old address that says I have not lived there in 8 years. Also, they have a gate in front so the server could not have posted it on the door. Also, does it matter that the street address is not totally correct? The amount is $3600 but if the judgement gets vacated, the original debt would be passed the sol now and I would have an absolute defense. I have never recieved anything from them at all. Please help I need to file by the 3/12/05. Should I try to dv the collection agency now hoping they do not respond and then have them on 2 violations. Also, my family had to change their phone number after telling this company numerous times to stop calling. Should I try and threatent he lawyer and tell her they have committed vilolations and the sol has expired and I will sue..I am lost..please help..Thanks to everyone

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One step at a time, getting the judgement vacated is your first step. How is the address not completely correct? wrong number, street name, etc?

Get noterized statements from family members that you have not lived at that address in many years and they never received a summons addressed to you. Consider a supena of the process server also.

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ok...my address was "xxx pine lake drive west" on the lawsuit they state the did alt service at xxx pine road lk dr west...there is a pine road or pine lake drive west..not both combined..also, they listed my po box as if it was an address by listing the post offices street address and then my po box as apt number...this shows they new I did not live at that address and were told I didnt but tried to use it to serve me then used my old po box address to garnish my money from...what should i do..txs

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I do not think that it is really an issue to make a big deal of in your motion to vacate. Your best arguement here is you did not live at that address for over 8 years and the people who did live there never received a summons addressed to you. Then mention that due to the confusion over the address it may be possible that the process server delivered it to XXX Pine Rd which you never lived at, that is assuming there is a residence at that address. What does the certificate of service say?

Motion the court to stay garnishment pending hearing.

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