Dockter Posted December 5, 2011 Report Share Posted December 5, 2011 So, I have been at a new address for almost a year, I use to live with my sister. I stopped over there Saturday night and I had a few letters. One was a letter saying I had a judgment against me and that I didn't show up for court. The letter didn't even tell me what the debt was for it just said that I owed 900 hundred dollars and change + 324 for interest + 70 for court costs. I never received a summons, I was never served with paper work (although in the letter is said I was?) and I never knew anything about a court date. I don't know what to do. Please any advice would be great. I'm from South Dakota.Derek Link to comment Share on other sites More sharing options...
1stStep Posted December 5, 2011 Report Share Posted December 5, 2011 Go to the courthouse a get a copy of the file...I'd bet you were sewer served. Link to comment Share on other sites More sharing options...
Dockter Posted December 5, 2011 Author Report Share Posted December 5, 2011 Sorry, I'm not sure what sewer served means I'm really new to this and haven't had anything like this happen before. I talked to my brother in law this morning and he told me a few months ago some guy showed up at 8:30 Sunday morning looking for me but he told the guy I haven't lived there in awhile and asked what it was about and he said the guy was a jerk to him and asked if he could look in the house (?) and he told him if he knew what it was about he could but he isn't just going to let some random guy come into his home and the guy said well we will catch up with him later (?) Would that have been someone trying to serve me and if so how can they say I've already been served? Also these court documents just came regular mail so it's not like it was certified mail or something where someone had to sign for them. If that were the case I guess I could some what understand. Sorry just really confused in the matter. Link to comment Share on other sites More sharing options...
1stStep Posted December 5, 2011 Report Share Posted December 5, 2011 It means that they served you a way for you to not be able to answer their complaint. That sounds like a process server from what you describe...I'll bet the guy wrote out a declaration and claimed that he served you there - called substitute service in many states. Link to comment Share on other sites More sharing options...
Dockter Posted December 5, 2011 Author Report Share Posted December 5, 2011 Is there any way for me to dispute this? I mean, I really don't even know what it is for. The only thing I can think of is when I was 18 (7 years ago) I got a credit card but it was actually for my grandmother to use for meds ( I know not the smartest thing ) but as far as I know she always paid the bills on it. Honesty it doesn't say anywhere on the forms I got what the debt is for or anything. Just says I owe Midland LLC 1300 dollars. Link to comment Share on other sites More sharing options...
1stStep Posted December 5, 2011 Report Share Posted December 5, 2011 OK... depending on your state's rules, you may be able to get the judgment vacated...You'd have to look into filing a motion to quash service and/or a motion to vacate judgment. File it with the court. Link to comment Share on other sites More sharing options...
Dockter Posted December 5, 2011 Author Report Share Posted December 5, 2011 Okay, just one more question that someone might know. I believe in South Dakota a check can be garnished for 20% by a CA. What if I simply can't afford it? I fell behind on student loans and I'm currently in a rehab program through Windham Professionals to get them caught up and I simply don't make enough to afford my rent, car payment, bills to simply lose 20% of my paycheck for something that I'm not even sure what it is. If it does come to garnishment is there anyway to get it lowered or am I just stuck? Link to comment Share on other sites More sharing options...
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