GwenB37 Posted March 29, 2007 Report Share Posted March 29, 2007 Okay here is the problem I recently requested my credit reports becaue i am seeking a mortgage To find that there is a civil judgment on file in the Luzerne county court house for me.... So I went to the courthouse to see what this was the records indicate in 5-14-01 a ERIN Services a company who took on the account from Avco Finacial services for a loan that I took out in 1995 filed a civil claim agianst me I was never served for this never showed up at a hearing was never aware of this won this judgment by default . the clerk at the courthouse told me there was a certified letter sent that was not signed by me it was signed by ex boyfreind who never informed me of this letter. I recently contacted the lawyer who now is handeling the case three days ago to see what I can do to have this resolved they have not yet gotten back to me Do I have any chance at any kind of appel of this beings that it is 6 years later. i dont even know when the last payment was made to avco finacial services I have to question if the sol was out when they filed this if I took the loan out in 1995 and they filed in 2001 I think the sol may have been out Any Help would be greatly appriciated.Gwen Link to comment Share on other sites More sharing options...
unusualsuspect Posted March 30, 2007 Report Share Posted March 30, 2007 First off, when was the judgment entered? If it was several years ago, then it's possible that it would be time barred. From now on, anytime you contact the other side's lawyer, do it in writing. No more phone calls. Call the court again and ask them to send a copy of the case file. It should list everything that happened prior to the judgement.You can always file a motion to vacate the judgement based on improper service. However, if ERIN loses, they may file suit again. If worse comes to worse, get a lawyer to negotiate a settlement. Link to comment Share on other sites More sharing options...
GwenB37 Posted March 30, 2007 Author Report Share Posted March 30, 2007 I have got the paperwork from the courthouse was filed 05-14-01 my last payment to Avco finacial service was 03-31-1997 the paperwork from the courthouse from the sherrifs office shows I was never served shows one time they talk to my boyfreind but nothing was left. Erin services took over the account in 6-2000 they have never contacted me for payment and since the judgment has been filed nobody has ever tried to collect never tried to garnish my wages nothing never even got a letter. I did talk to the attorneys office today and asked them to verify the debt that erin services even has the right to collect this. I have gotten no response yet I think I should have th grounds to file a motion to vacate on the fact that I was never served and suit was filed after the sol If i am correct that the sol is 4 years in pa . Can they refile suit after the sol is up? Thanks for the help Gwen Link to comment Share on other sites More sharing options...
unusualsuspect Posted March 30, 2007 Report Share Posted March 30, 2007 ERIN and their attorney won't validate at this point. They have a judgment. I would find a lawyer to draw up a motion to vacate. Mention improper service and that the suit may have happened past the staute of limitations. Link to comment Share on other sites More sharing options...
GwenB37 Posted March 30, 2007 Author Report Share Posted March 30, 2007 Do I have to have a Lawyer to file a motion or can I do it on my own ? Can they refile if the sol was up ? Link to comment Share on other sites More sharing options...
unusualsuspect Posted April 4, 2007 Report Share Posted April 4, 2007 It would be better if a lawyer drew up the motion (if not then a paralegal). If the SOL is up, then yes they can re-file, but your new defense will be the SOL has expired. Link to comment Share on other sites More sharing options...
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