firefight750 Posted May 13, 2007 Report Share Posted May 13, 2007 Hi everyone. I'm new to the board, and I can use all the advice I can get on this case. Okay, here goes. I had an account (credit card) with a HouseHold Bank back in 1999. I made one payment in Dec of 2000. The account was charged off. In 2003 I had the account deleted from all 3 of my credit reports. So, HouseHold sold the account to a collection agency. Again I disputed this account, and it was deleted again in 2005. In the summer of 2006, I receive a letter in the mail from an attorneys office. I called the office and stated, that the account was not mine, and that the account was deleted from my credit report. The young lady I spoke with from the law office stated that they had no clue it was a fraud account. Then she told me not to worry about it. Well, about 3 weeks ago I receive a letter in the mail from my job, enclosed is a letter stating that my wages would be garnished. It also contained a copy of the judgement. They were awarded 25% of my take home pay. My first check they garnished, they reveived $630. So, I started working as much over time as I could. Well, this time they received $1100. Now I owe them $1500. They'll be paid off on my next check. Now my question is, how do I get the judgement vacated, can I get my money back, and does the SOL start over when the account is sold (FYI: I'm in Nevada)?Thanks,~Tim Link to comment Share on other sites More sharing options...
cjtx Posted May 13, 2007 Report Share Posted May 13, 2007 Were you served? Was the letter you received in 2006 a summons? Or did you receive anything else from the court? Link to comment Share on other sites More sharing options...
firefight750 Posted May 13, 2007 Author Report Share Posted May 13, 2007 Were you served? Was the letter you received in 2006 a summons? Or did you receive anything else from the court?Thanks for the quick reply. I was never served. As for the letter. It was not a summons. The letter stated, that I owed MRC (CA) $1800, and that if it was not paid, they would seek legal action against me. The letter was from Wanderer and Wanderer Law office, and I have not received anything from the court (CA received a judgement for $3100). Once I received the letter (from my job), I called Wanderer and Wanderer. I told them that I was never served. Their reply was, "To bad, go get a Lawyer." So I did or should I say, I tried. The problem is, every one wants their money up front to defend me. That would not be a problem if my wages were not being garnished. To make a long story short, there is not enough time to stop the garnishment before it's paid in full. The judgment was awarded in Jan of 2007. NV law states I have 6 months to fight the judgement. Now I have to find a way to sue HouseHold, MRC, and Wanderer (seeing that the SOL was up in Jan of 2004)? All ideas welcome. Link to comment Share on other sites More sharing options...
cjtx Posted May 13, 2007 Report Share Posted May 13, 2007 From Nevada's Rules of Civil Procedure (Rule 60):© Default Judgments: Defendant Not Personally Served. When a default judgment shall have been taken against any party who was not personally served with summons and complaint, either in the State of Nevada or in any other jurisdiction, and who has not entered a general appearance in the action, the court, after notice to the adverse party, upon motion made within 6 months after the date of service of written notice of entry of such judgment, may vacate such judgment and allow the party or the party’s legal representatives to answer to the merits of the original action. When, however, a party has been personally served with summons and complaint, either in the State of Nevada or in any other jurisdiction, the party must make application to be relieved from a default, a judgment, an order, or other proceeding taken against the party, or for permission to file an answer, in accordance with the provisions of subdivision ( of this rule. [As amended; effective January 1, 2005.]You just need to file a motion to vacate the default judgment on the grounds that you were never served. In your answer to the original claim, use SOL as your affirmative defense. Maybe you can do it before they garnish your next check.About getting your money back, you need to request it in your motion and you're probably going to have to sue to get damages for FDCPA. Link to comment Share on other sites More sharing options...
firefight750 Posted May 13, 2007 Author Report Share Posted May 13, 2007 From Nevada's Rules of Civil Procedure (Rule 60):You just need to file a motion to vacate the default judgment on the grounds that you were never served. In your answer to the original claim, use SOL as your affirmative defense. Maybe you can do it before they garnish your next check.About getting your money back, you need to request it in your motion and you're probably going to have to sue to get damages for FDCPA.Thank you. Link to comment Share on other sites More sharing options...
firefight750 Posted May 15, 2007 Author Report Share Posted May 15, 2007 From Nevada's Rules of Civil Procedure (Rule 60):You just need to file a motion to vacate the default judgment on the grounds that you were never served. In your answer to the original claim, use SOL as your affirmative defense. Maybe you can do it before they garnish your next check.About getting your money back, you need to request it in your motion and you're probably going to have to sue to get damages for FDCPA.One more thing, if you don't mind. Does the SOL start over when the OC sells the account to a CA? Also, will I need proof in court to back up my claim of SOL? Thanks again. Link to comment Share on other sites More sharing options...
momof5 Posted May 15, 2007 Report Share Posted May 15, 2007 SOL is based on the OC only. Link to comment Share on other sites More sharing options...
firefight750 Posted May 15, 2007 Author Report Share Posted May 15, 2007 SOL is based on the OC only.Thanks. Link to comment Share on other sites More sharing options...
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