phoenixaz Posted August 2, 2010 Report Share Posted August 2, 2010 My property got foreclosed 2 years ago and there was some balance in my ex-homeowner association account. After foreclosed, I moved to a different county. The association got the default judgment through a collection attorney office. I was not served properly. They sent the summon to my old address. I noticed it when they garnished my bank account and record from the county clerk office. I am planning to use the improper service to vacate the judgment. Can I use the wrong venue in this case ? They got the judgment in the county my property was. Are they supposed to sue me in the counry I live now? Is there anything different for property related service ? Please help with some information..Thanks.. Link to comment Share on other sites More sharing options...
Chapel Hill Posted August 3, 2010 Report Share Posted August 3, 2010 If you called the Henrico County Bar Association you could probably get a free consultation. There is a statute of limitations governing how long after the judgment was entered that a party can file a motion to vacate that judgment. It's something that anyone practicing in your jurisdiction should know off the top of their head. Shouldn't cost you a dime to get factual information from someone who's job it is to know. Link to comment Share on other sites More sharing options...
phoenixaz Posted August 3, 2010 Author Report Share Posted August 3, 2010 Thank you so much. Do you know the rules of civil procedure 60 for Virginia ? I would like to get the link as I will mention it in the motion. Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted August 3, 2010 Report Share Posted August 3, 2010 Also I would like to point out that the venue is proper in the county that they originally sued you in, regardless of where you live. They do not have to sue you in the county that you live now and them filing a lawsuit in the county where the property is located absolutely gives the court subject matter jurisdiction. Just a little FYI. Link to comment Share on other sites More sharing options...
phoenixaz Posted August 3, 2010 Author Report Share Posted August 3, 2010 Also I would like to point out that the venue is proper in the county that they originally sued you in, regardless of where you live. They do not have to sue you in the county that you live now and them filing a lawsuit in the county where the property is located absolutely gives the court subject matter jurisdiction. Just a little FYI.But in the warrant of debt Account type is checked as Open Account. Also when I bought the house, all closing paperwork was signed in a different county where settlement office was located. For venue, FDCPA says as follows: § 811. Legal actions by debt collectors [15 USC 1692i](a) Any debt collector who brings any legal action on a debt against any consumer shall -- (1) in the case of an action to enforce an interest in real property securing the consumer's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or (2) in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity -- (A) in which such consumer signed the contract sued upon; or ( in which such consumer resides at the commencement of the action. ( Nothing in this title shall be construed to authorize the bringing of legal actions by debt collectors. Here HOA does not have any interest in the real property, they are just service provider and no contract was directly signed them. As I mentioned it was checked as an Open Account in the warrant of debt by plaintiff. Improper service is my best ground but also thinking to point venue too in the motion. Please give your feedback. Thanks.. Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted August 3, 2010 Report Share Posted August 3, 2010 Virginia Law would apply to venue here fwiw, not Federal law. And if the cause of action arose in the county you were originally sued in - the venue you is proper. Link to comment Share on other sites More sharing options...
phoenixaz Posted August 4, 2010 Author Report Share Posted August 4, 2010 Virginia Law would apply to venue here fwiw, not Federal law. And if the cause of action arose in the county you were originally sued in - the venue you is proper.I am mailing the motion to judge. Is it a good idea to include a notorized decleration that everything is true to the best of my knowledge. Or it really does not matter. Please give your opinion. Improper servicing is the best ground in my case to vacate. I have furnished everything with points. Judgment is 8 months old. Do you think that Judge will throw it away because it is too late. But I first noticed after 6 months thru bank acct garnishment. Link to comment Share on other sites More sharing options...
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