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Never served by Midland in Illinois but have a judgment entered on CR


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Ugh, not to muddy the field since I am currently fighting another creditor but when I pulled my credit report in the process of the suit with a different JDB I found a judgment entered from Midland.

Not only on my credit report, but a seperate judgment was entered on my husbands report (different account, same original creditor). Niether of us were served. This is the first I have heard about these claims. I assume I need to first submit a motion to quash judgment for each of us and that is all for the time being, correct?

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Yes you need to file a motion to vacate judgment.

From the Illinois Legal Aid website:

What should I include in my motion?

You will want to include:

The date the default judgment was entered against you

The reason you missed the hearing at which the default judgment was entered

The date and time of the missed hearing

The date you learned the default judgment was entered

The case number for which the default judgment was entered

What department and division the motion will be filed in

The plaintiff’s and your address and phone number

When you will mail notice to plaintiff of your intent to file the motion.

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  • 2 months later...

So I finally got the Affidavit of Service. They claim:

Substitute Service: By leaving a copy of the summons/complaint at XXX XXX'x usual place of abode XXXX with his/her husband, XXX XXX, a person of his/her family, or other person residing there, over the age of 13 years who was informed of the summons/complaint.

On XX/XX/XXXX, a copy of the summons/complaint was mailed in a sealed envelope with postage fully prepaid, addressed to XXX XXX at his/her usual place of abode.

They also claim that is was at 10 pm on a Monday night and that my husband is 10 years older than he actually is.

Any advice?

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