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Laws for serving a judgement in Mi and GA


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Hi Everyone,

I wanted to know where to find information or if anyone knows. What are the laws in Michigan and Georgia as well. To serve someone who the company is trying to get a judgement against them. A judgement was entered against me in 2008. I was never served never aware of it. Yet I resided in Ga at the time they got the judgement any help would be appreciated. The court in mi said that I was served as they stated it was taped to the door. I dont think that is proper service. As I could not have been aware of this as I lived in another state. I would like to state that in my motion to dismiss the forgien judgement. To state the law which shows how I should have been served. Thankyou

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Guest usctrojanalum

Having a summons taped to a door is proper service, however it has to be taped to the door of the address that you are living at.

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Having a summons taped to a door is proper service, however it has to be taped to the door of the address that you are living at.

So How do I word this because I was not living or even residing in ga. According to ga courts taping a summons to the door is not proper service. Technically since I reside and had been a resident of ga. Ga law would apply ? even though this happened in Michigan?

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Guest usctrojanalum

I don't think GA law would apply to how a summons is served in Michigan. MI law definitely applies.

Again, your issue is a lot more complicated than most members on the forum can handle and you should seek counsel.

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I don't think GA law would apply to how a summons is served in Michigan. MI law definitely applies.

Again, your issue is a lot more complicated than most members on the forum can handle and you should seek counsel.

Thankyou very much. I have talked to quite a few attorneys all said same thing in a nut shell. That I wasnt properly served. File a motion to vacate in ga. Since I was a resident of ga and they are trying to bring the judgement here. Judge will dismiss judgement.

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Guest usctrojanalum

It should block them from domesticating the GA judgment, but it still kind of sucks you will have a judgment in Michigan. A GA judge does not have the authority to vacate a Michigan judgment. He can only vacate a judgment that was domesticated in GA.

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It should block them from domesticating the GA judgment, but it still kind of sucks you will have a judgment in Michigan. A GA judge does not have the authority to vacate a Michigan judgment. He can only vacate a judgment that was domesticated in GA.

I know the sad part is that I got an attorney to try to settle with them. He hasnt called me back after I paid him money. Only emails. He told me they were filing a motion to dismiss the judgement here. I called the court and they said nothing was filed. I tried myself to settle with the company. they told me 1200 was the least they will go on a 300 dollar debt. Its amazing oh and on that they wanted to see my bank records for the last 3 months to make that offer stand. I am so ticked off at the attorney. I got better advice from free ones! I just feel I should settle and get it off of my back instead of keep fighting. sigh

:cry:

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Thinking of trying to get it dismissed in GA. If I accomplish that then maybe they will settle for less? what do you think the odds for that are?

Here is what I have written up so far

CAPITOL ONE BANK (USA, N.A

Plaintiff

VS

Defendant

CIVIL ACTION NO.

MOTION AND DECLARATION TO VACATE JUDGMENT

NOW COMES the Plaintiff, Pro Se and prays this Honorable Court to Deny the Plaintiffs Motion To File FOREIGN JUDGEMENT. For the following reasons:

1. Relief requested. The defendant moves the court for an order vacating the judgment entered in this action and staying enforcement of the writ of restitution until the motion can be heard.

2. Statement of facts and issues. This motion is based on the following grounds:

1. Defendant was a resident of the State of GA at time the Judgment was entered in July of 2008. 2. Court documents were taped to the door in Michigan, per district court.

3. Defendant had no knowledge of court proceedings, in which Defendant was not entitled the right to defend herself.

4 Defendant could not have known about court proceedings, Due to the fact of residing in GA.

5. Defendant should have been properly served in the state of GA.

6. Defendant has still not been properly served in this case.

7. Defendant is asking the court to vacate Judgment on the grounds of the 14th amendment right to due process.

Dated: March 7, 2012

any advice?

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