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demsco
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I have my traverse hearing tomoorow, I caught the server in a lie on his affidavit, but I know he will lie on the stand - if he shows.

I was legit not served and the judge said she thinks there is a serious problem with the service. However, the plaintiff F&G enforced their default judgement through wage garnishment the day after they learned I was filing to vacate. My question is this:

The plaintiff offered 2 settlements before it got to this point, should I take them?

Noneof the offers included vacating the judgement. What should I do and is there anything I can do to nail the traverse hearing?

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Guest Lecasbas

Since the Plaintiff has already gotten a judgment in its favor the Plaintiff will probably be less willing to go with the original offers.

Is this traverse hearing in response to your filing to vacate the judgment? If the server does not show, as you suggest, and the judge already notes that there has been a problem with the service, then you should be able to get the judgment vacated.

Then the CA must basically start over again to prove its case.

You could call the CA and see if it is willing to negotiate to your liking. You may be able to convince it that you will win because of improper service and that you will be asking for validation of the debt and proper assignment in any future proceedings.

You will look better for trying to resolve a situation without going to court when you are at the traverse hearing.

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Since the Plaintiff has already gotten a judgment in its favor the Plaintiff will probably be less willing to go with the original offers.

Is this traverse hearing in response to your filing to vacate the judgment? If the server does not show, as you suggest, and the judge already notes that there has been a problem with the service, then you should be able to get the judgment vacated.

Then the CA must basically start over again to prove its case.

You could call the CA and see if it is willing to negotiate to your liking. You may be able to convince it that you will win because of improper service and that you will be asking for validation of the debt and proper assignment in any future proceedings.

You will look better for trying to resolve a situation without going to court when you are at the traverse hearing.

Thank you for your reply. The firm is trying to negotiate with me before the hearing. Maybe I am being too pig headed, but this firm has a history of doing this and another CA laid claim to the debt to. So, negotiating seems pointless if I do not know if the debt is valid.

I have turned down their offers, but I did say I would accept any offer they make as long as they could offer anything from the OC with my sig on it... I have not heard back yet.

Is there anything I can do to put the process server on the spot? Or do I just bust him on his lies?

Thanks again!

And yes this hearing is because of my motion to vacate.

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Guest Lecasbas

The way I see it you have no where to go except up. If you lose at the traverse hearing things don't get any worse.

That being said...I'd bring up the improper service and request that the judment be vacated. If the server doesn't show or you can prove inaccuracies which highlight that you were not given a proper chance to refute the claim, then the court should find favor with you.

It all depends upon your ability to prove the service improper.

Do a search for "vacating judgments". This site also has an article about vacating judgments which you should read to get more of a feel for the process:

http://www.creditinfocenter.com/legal/VacatingJudgments.shtml

Page down and you will run into it.

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The way I see it you have no where to go except up. If you lose at the traverse hearing things don't get any worse.

That being said...I'd bring up the improper service and request that the judment be vacated. If the server doesn't show or you can prove inaccuracies which highlight that you were not given a proper chance to refute the claim, then the court should find favor with you.

It all depends upon your ability to prove the service improper.

Do a search for "vacating judgments". This site also has an article about vacating judgments which you should read to get more of a feel for the process:

http://www.creditinfocenter.com/legal/VacatingJudgments.shtml

Page down and you will run into it.

Thank you. Any idea what I do when the process server lies? I know I should not call him a liar, but should I remind him he is under oath and them drag him to the carpet?

My issue is the wage garnishment and the amount of the alleged debt.

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Guest Lecasbas

It depends upon what the lie was and if you can convince the judge that the process server has not been forthcoming.

The two of you pointing fingers at each other in a "he said she said" scenario would be counterproductive. You saying that the process server is wrong is not enougjh without corroborating evidence.

If you didn't get served it shouldn't be hard to prove.

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You are correct about not getting served. I have 2 affidavits about the person he claims he verified my identity and address saying the person does not exist and the house he claims he went to is vacant.

I am just stressing, I think I have it though. Many thanks.

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