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Suit filed by Equable but we were never served!!


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I hope someone can help me as I am trying to help a friend. My friend (we'll call her Jane Doe) received a letter from a lawyer looking for business and mentioning that there was a judgment filed by Equable (for Chase) and that she needed his services.

Needless to say she was blindsided by this. We did check the county website and there it was. Evidently she was supposed to appear in court on Feb 18th. Problem is she was never served anything and had no idea.

She did have an account with WAMU now Chase. She is not saying the debt it not hers, just that she has no means to pay it.

The last correspondence she received on 2/8 was from a lawyers office that was representing Equable (Frederick Hanna) and that they were offering her a settlement of x amount of dollars and that she had until 4/30 to pay. 8 days later, she received another letter from the same lawyers office with yet another settlement amount (amount higher) - due by 4/30.

A little history of 'Jane': lost employment in 2008 at the age of 61. On a fixed income collecting Social Security for past 2 years - only source of income. Income is under $12K per year. Has no assets (no house, no car). All jewelry was hocked back in 2009 after savings ran out. Spends a lot of her monthly income on medical and prescriptions.

I am not a lawyer - and I don't profess to be - but it sounds like she is pretty judgement proof.

My main issue at this point is what does she do now - knowing there is a judgement but yet has never been served to answer. I didn't think they could set a court date until someone was served.

Any comments and/or assistance is greatly appreciated.

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Sounds like she is judgement proof for collecting on the judgement. If she will never have anything to pay the judgement or that they will be able to take, probably not that big of a deal.

However, you (friend) don't have a lot of choices.

You can do nothing and let them have a piece of paper that says you (friend) owes them XXX.

Hire an attorney

Go to the courthouse, get the file, make copies, see how you were allegedly served and if not proper service, file a motion to vacate the judgement.

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