diamonddan73

What should I do after I set aside a defult judgement and get the case dismissed?

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I found out that a JDB had a defult judgement against me for around 13K. I sent them a DV letter and responded with a copy of defult judgement. I just filed a motion to set the judgment aside due to "sewer service" and dismiss the case due to wrong venue. I know they are going to refile as soon as it is dismissed. If I send a DV letter to you think I can stall for a few months? The SOL expires around in about 6 months. Has anyone else had any luck getting them to chase their tails for a few months? I'm also hoping to pick up a few violations along the way to use as leverage to off set the cost of my case. Any suggestions would be greatly appreciated.

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Everything depends on the proof of service! If you were not served, find proof of that, that you were not at the address, etc. If a sheriff served, you have an uphill battle. If a registered process server served who is still around served, it's going to be tough to get the judgment vacated for lack of service. If it was a buddy or spouse of the plaintiff, you got a shot! :)

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I am getting the judgement set aside based on lack of service. I the server lied about "personally serving me". I filled a motion to set aside the judgement based on lack of proper service. I am also asking the court to dismiss the case due to jurisdiction. I do not live in the city where the case is being heard. The JDB does not have an original contract so I have no idea where the alleged contract was signed so they would have to re file the action in the court in my city.

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Call an attorney. If they filed suit against you in the wrong county, you probably have them on an FDCPA violation which will provide for attorney's costs. The fact that they filed at this point probably kills the angle of reaching SOL. At least with these people.

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