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Credit agency gets default judgement - no notice of hearing received


techguy_2000
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So I got sued by a collection agency in OR, showed up and asked for a jury trial and counter sued.  Never heard a thing until 18 months later get a wage garnishment letter.  Seems they had sent a certified letter and I didn't show.  Never got any letter.  Court granted them a default judgement.  How do I get this vacated or do I have to sue them.  They also continually called and blocked their number.

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Haven't filed any motions.  Did not know there was a judgement, never notified.  Just the first appearance to request a jury trial.  Supposedly the plaintiff filed a summons one year later and I didn't respond so they filed a motion for default judgement.  After asking for jury trial I thought the court would send notices of mediation.  Never received any paperwork from the court or plaintiff. Just the garnishment 18 months later.  Plaintiff supposedly sent certified summons.  I never knew there was a court date or a judgement to file anything.

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I would go down to the court and look to see what they filed--proof of service etc. and then file a motion to vacate, or set aside (same thing) Look into who is claimig they served you, was it to the correct address? If it was CMRR, it will show it it came to your house or not.  If it was served personally, you can find out to who, and get an affidavit from that person denying such service.

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So I went down to the court and got a copy of my case.  The way they "served" me was their lawyer signed some legal document to "certify" that he dropped the summons in the mail.  First class. Not certified return receipt.  Then there is another legal document by another employee of the credit agency saying he verified that I had been served and I am not a member of the armed forces etc.  Two signed documents sworn to that I had been served.  I never received anything from them and nothing certified return receipt. They could have dropped it in the trash.  Can they get away with this.  They got a judgement and interest is accruing.  Should I pay.  I know if I call and attempt to make a partial pay agreement for a lesser sum they will just continue to garnish me. They did have my po box listed correctly but still did not receive anything.

 

Previously to the "service" I had been served months before on the same case. responded and appeared in court and requested a jury trial. Then this mess started.  It would seem they were trying to avoid the jury trial.  

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For one thing the affidavit of non military status is a required document before a judgment can be entered.

 

If you can prove that you were never served by rebutting what they affidavit of service of process claims, you can have the case dismissed with prejudice for abuse of process. You can also sue the process server for abuse of process.

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I talked to a lawyer and he thinks a defective service was performed.  At this point I'm thoroughly disgusted with the legal system and how these collection agencys bend or outright break the law.  I would like to continue the fight but I need closure, I guess they wore me out.  Why have a credit reporting act when thay don't follow it. Going to pay and get some sleep.  Thanks for your responses and help.

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I talked to a lawyer and he thinks a defective service was performed.  At this point I'm thoroughly disgusted with the legal system and how these collection agencys bend or outright break the law.  I would like to continue the fight but I need closure, I guess they wore me out.  Why have a credit reporting act when thay don't follow it. Going to pay and get some sleep.  Thanks for your responses and help.

It's actions like this ... giving up and paying ... that keeps THEM motivated to break the law.  This is why this kind of thing happened to YOU because someone before you gave up and paid them.  It's a scam.  And this illustrates why it works.

 

Oh sure, the legal system has lots of serious flaws.  They won't get fixed this way.

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