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Judgment served to me, not for me.


torikid
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I received a judgment 21 day letter from a law firm for my fiance's mom at MY house. She does not and has not EVER lived there. I tried returning mail and it comes back. Post office is screwing up. ANYWAY... this law firm is suing her in my county. She lives in another. I called them, left a message that she does not live there and never had. Obviously, that would be improper service, but I don't want her to have to go through vacating.

What can I advise her to do? It was the wrong addy and wrong county. They never returned my call BTW.

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It was a 21 day notice to respond for a court docket. It was a copy of a filing in my county and my address, not hers. Yes it was asking for a default judgment. I don't know what has already happened because I only opened this one. Do you think I should just call the court and tell them?

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You have a lot of variables here. The first thing you should do is to either go to your Courts Online or directly to the courthouse, case number in hand, and ask to see the file. This information is public knowledge. The clerk doesn't care who you are or for what purpose you need the file.

If you don't do anything the Court will more than likely issue a default judgment as long as all the ducks seem to be in a row. At some point the person named in the summons will have to answer the complaint. You could do that for her but she would have to sign the papers. I would insert a paragraph somewhere in the answer stating that you are representing her and then have her sign that she agrees. You can go here to get an idea of how to answer: http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=252142. Don't put it all in...just what applies to your situation.

I don't have any experience with vacating judgments. You might research to see if it may be better to let the process continue to a judgment then have it vacated due to improper service. Once you answer the summons though, the Defendant has acknoledged the Plaintiff's claim. The Defendant could no longer plead ignorance. It does not however, say that the Defendant was properly served. This then is an issue for the Court.

Whatever you decide, you should decide quickly. You no longer have 21 days.

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Original post by: bigjohnstud4200

IMO, you need to send a certified letter back to the law firm and the courts notifying them that X does not had never has lived at X address. You do not know who X is and good luck finding whomever you are looking for you jerks.

A person could safely do the first thing, but for the op to say that op does not know the debtor is opening an avenue for the ca to claim perjury. I doubt if the mailman would not remember coming to the op's house with mail for the debtor and the op returning the mail insisting the debtor does not live there. One question would lead to another...

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Original post by: bigjohnstud4200

A person could safely do the first thing, but for the op to say that op does not know the debtor is opening an avenue for the ca to claim perjury. I doubt if the mailman would not remember coming to the op's house with mail for the debtor and the op returning the mail insisting the debtor does not live there. One question would lead to another...

The second part was more of a joke, however, one can only perjure themselves if IN a court of law under oath, an individual has no claim to perjury. Sending that to the court *could* get you perjury.

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Actually it is an idea that could work as long as you are not In a court of law. If the op would continue to help the debtor in this action the op would find itself In a court of law. Non service would be an issue. Where did the summons go? The op's house. I know you meant this as a joke but if the op did write the ca that the op did not know the debtor then this letter could very well be entered as evidence which would damage the credibility of the Defense.

The op is going to have to make a move (or no move) soon. If the op chooses to ignore the summons then the debtor will become a judgment debtor. I am not expierenced in vacating judgments but the little I have read tells me that the now judgment debtor will need to endure court action similar to answering the summons originally.

This is, as I understand it, the dilemma. Court action now...or later...which is better? A third option would be to do nothing at all. In Iowa the judgment is good for 20 years. Not really a good option. The debtor could file bankruptcy. That's good for 7. The debtor could pursue court action initially to encourage the ca into a reasonable settlement.

At issue now is whether the op should start court action now. I think it is a little late to write letters to the ca. I wouldn't doubt if the ca would throw the letter in the waste basket on the way down to the courthouse to collect its default judgment.

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We continue to get summons, collection letters, etc for the person that owned the house before us all the time. I send whatever it is (court related) back to the court with a cover letter stating I'm the owner of this house and this person does not live here. I've been tracking the status of the court cases online just to see what the CA or attorney gets. So far they keep continuing the cases.

So, the attorney for one of the cases now sends regular mail addressed to the person. I put in another envelope and address it to the court with a little reminder that I've advised this attorney this person doesn't live here. Please order them to remove this address from their records as having the sheriff constantly show up at my house is becoming quiet embarassing.

Next court date is 9/27 for her so I'll be curious as to what happens. See if they get a default with me returning all his mail to the Judge. :lol:

So, IMO, I'd return to the courthouse with a note that this person doesn't live here. Make a copy of it first and give to who it was intended. At least you can hopefully buy her some time.

Good Luck

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Please order them to remove this address from their records as having the sheriff constantly show up at my house is becoming quiet embarassing.

Ain't gonna happen. Even if they know the person does not live there, they must serve the alias summons on the last known address they do have. It's idiotic, but that's the way it works.

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It is, because she never lived here. The post office screwed up and has been forwarding her mail to my house for almost a year now. I have had all kinds of collectors, including the IRS. I just called them and stuck the letters in an envelope and mailed it to them. Don't know if it worked, but I want this to stop and the USPS has not figured out how to do that yet.

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IMO, you need to send a certified letter back to the law firm and the courts notifying them that X does not had never has lived at X address. You do not know who X is and good luck finding whomever you are looking for you jerks.

LOL... BigJohn... you never fail to crack me up.

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Ain't gonna happen. Even if they know the person does not live there, they must serve the alias summons on the last known address they do have. It's idiotic, but that's the way it works. 

I agree. Just thought it was worth a shot. I just went up to the Va Judical Court system to see what happened in the case. For curiosity, I've been watching to see how the CA/Attorney would handle it and/or the Judge. Well the hearing was on 9/26 and status is listed: Default Judgment It had been continued from July where I originally sent the summons back. Attorney started sending regular mail after that.

Goes to show the courts don't care anymore than the CA's.

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