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Just Found This Forum- Help/Advise Needed!


Eifert85
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Hello.  My wife and I separated several years ago.  She ended up taking one of those credit cards from Capital One that they send you in the mail and activated it under my name.  She was paying minimum payments for a while and obviously never put much of a dent in the balance.  Fast forward to now.  We recently got back together.  They had sent a court summons for me to owe $1399.  The letters were put into a stack of mail and the date was missed.  We received a judgment saying that I owe the amount plus 3 percent interest.  Had I gone to court and found the letter and this forum in time, It seems I would have had at least a puncher's chance at doing something about this.     My question is:  Is there anything at all I can do, or am I now stuck with having to pay this?   The relationship stuff is a long story, and obviously my wife screwed me, but I am not trying to get her in trouble now that we are back together and trying to reconcile.    I am desperate for help on this if there is anything I can do.   Thanks SO MUCH in advance for any advise you can lend.  

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Probably.

 

"Stack of mail"?  How long did the summons sit there.  By "missed date", I assume you're say that a hearing was held, and you didn't show up.

 

You could call the clerk of courts and ask if you need to be served personally in Ohio.  If they just stuck it in your mail box, and Ohio requires personal service, you may be able to fight the judgement on those grounds.

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Probably.

 

"Stack of mail"?  How long did the summons sit there.  By "missed date", I assume you're say that a hearing was held, and you didn't show up.

 

You could call the clerk of courts and ask if you need to be served personally in Ohio.  If they just stuck it in your mail box, and Ohio requires personal service, you may be able to fight the judgement on those grounds.

Thanks for your reply.  I will ask the clerk as you suggested.   Thanks. 

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Thanks a bunch.  I just found out that I can send a letter in writing to the judge stating that I did not see the summons.   I also talked to the Cap 1 attorney and told him I never received the summons and that I knew I had 14 days from the judgement to motion to vacate.  He said they would be willing to listen to an offer / settlement.   I'm wondering if I should make an offer or try and fight this.  The attorney seemed like a decent guy, although I didn't offer much info and wanted to just see my options.  Any opinions on this update?   Thanks again !!! 

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How long has it been since a payment was made?

 

If its been less than 3 yrs, Crap 1 probably still owns it.   Call the lawyer and offer him 30%....tell him as soon as you receive conformation in writing that 30% settles thee debt in full and the balance will not be resold, you'll send him a cashier's check.

 

Iff its been mkore than 3 yrs, its likely the debt has been sold to somee junk debt buyer.  Carry through with the motion to vacate and make the JDB prove its your derbt.

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motion to vacate, motion to quash. The court hasn't gained jurisdiction over you yet. The motion to vacate would be proper. The settlement would be nice BUT the already have a judgment and can enforce the judgment amount. You have to work to vacate the judgment. The judgment is the ruling on the field and they may have sold the judgment already.

 

So Motion to vacate. Look up the statutes for that motion it is usually under post trial motions. If it is over 6 months you may be screwed.

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