diamonddan73 Posted March 22, 2011 Report Share Posted March 22, 2011 I recently got a defult judgement tossed and the case thrown out due to lack of service and wrong venue. They said they are going to re-file in my county and re-serve me. I have a few violations against them: They had knowlege that the service was impropper and still went after defult judgement, they had knowlege that the case was in the wrong venue, they are continuing to persue collection efforts after DV letter and no proof of the debt.So, is it better to sue them now for the violations or wait for the new law suit to fill a counter claim? Link to comment Share on other sites More sharing options...
antiquedave Posted March 22, 2011 Report Share Posted March 22, 2011 I recently got a defult judgement tossed and the case thrown out due to lack of service and wrong venue. They said they are going to re-file in my county and re-serve me. I have a few violations against them: They had knowlege that the service was impropper and still went after defult judgement, they had knowlege that the case was in the wrong venue, they are continuing to persue collection efforts after DV letter and no proof of the debt.So, is it better to sue them now for the violations or wait for the new law suit to fill a counter claim?personally if I could find consumer attorey to take it on contingency I'd file first Link to comment Share on other sites More sharing options...
BV80 Posted March 22, 2011 Report Share Posted March 22, 2011 Is the Plaintiff the OC or a JDB, and is the debt still within the SOL? Link to comment Share on other sites More sharing options...
diamonddan73 Posted March 22, 2011 Author Report Share Posted March 22, 2011 This is a JDB and the SOL expires in October. Link to comment Share on other sites More sharing options...
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