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Being sued in Hawkins County, TN


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Any and all help would be GREATLY appreciated.

 

I am being sued by Portfolio Recovery Associates in the hawkins county general sessions court for an amount of 1470 which allegedly came from a GECRB/Dillards account opened in 2007 with a last payment date in 2009.

 

Here is the Timeline of events:

 

Served in early 2013 with a court date in March 2013. Opposing attourney Mclemore and Edington.

 

Called immediately requesting validation, told it would be sent, never recieved anything.

 

Called beofre march 2013 court date and told they would "resend" but needed to reschedule court date to july 23, 2013.

 

Called July 18, 2013 to state I STILL had not recieved anything and was told they needed to reschedule again to Sept. 24, 2013 and would send the information.

 

Gave up on recieving information and showed up on Sept. 24, 2013 at 9am for what I thought was my court date only to realize that they hadn't rescheduled the 7/23 court date and went ahead and entered a default judgement against me on 7/23.

 

LIVID.

 

Spoke with Edington in person on 9/24, explained the situation and he said they would get back with me.

 

**At this point they apparently had a judgement to access my bank account, although they had the wrong bank listed as my account**

**I had NEVER recieved any information that there was a judgement made against me**

 

Recieved a call back from Edington this past saturday stating he would be submitting a request to "set aside the judgement" which he verified was the same a "vacating judgement" in TN legal terms. He explained that we will just go back to square one with a court date of 11/26/2013.

 

 

I am at a  loss and have NO idea what to do. I am told that general sessions court isn't as strict on evidence/proof and don't know how to fight this whole situation.

 

Your advice would be greatly appreciated, as well as any referral to a GOOD consumer attorney in the Hawkins county TN area.

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Any and all help would be GREATLY appreciated.

 

I am being sued by Portfolio Recovery Associates in the hawkins county general sessions court for an amount of 1470 which allegedly came from a GECRB/Dillards account opened in 2007 with a last payment date in 2009.

 

Here is the Timeline of events:

 

Served in early 2013 with a court date in March 2013. Opposing attourney Mclemore and Edington.

 

Called immediately requesting validation, told it would be sent, never recieved anything.

 

Called beofre march 2013 court date and told they would "resend" but needed to reschedule court date to july 23, 2013.

 

Called July 18, 2013 to state I STILL had not recieved anything and was told they needed to reschedule again to Sept. 24, 2013 and would send the information.

 

Gave up on recieving information and showed up on Sept. 24, 2013 at 9am for what I thought was my court date only to realize that they hadn't rescheduled the 7/23 court date and went ahead and entered a default judgement against me on 7/23.

 

LIVID.

 

Spoke with Edington in person on 9/24, explained the situation and he said they would get back with me.

 

**At this point they apparently had a judgement to access my bank account, although they had the wrong bank listed as my account**

**I had NEVER recieved any information that there was a judgement made against me**

 

Recieved a call back from Edington this past saturday stating he would be submitting a request to "set aside the judgement" which he verified was the same a "vacating judgement" in TN legal terms. He explained that we will just go back to square one with a court date of 11/26/2013.

 

 

I am at a  loss and have NO idea what to do. I am told that general sessions court isn't as strict on evidence/proof and don't know how to fight this whole situation.

 

Your advice would be greatly appreciated, as well as any referral to a GOOD consumer attorney in the Hawkins county TN area.

 

I can definitely refer you to a SUPERB consumer lawyer, Jason Barnette.  He posts here under the name TN Consumer Lawyer.

 

Send him a PM or contact him at his firm.

http://www.barnettelawoffices.com

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You probably realize this by now, but never, ever talk to these people on the phone. The only way you should communicate is in writing. You should send everything through the USPS using CMRR. When you do send something have someone else read it and witness you putting in the envelope. Take them to the post office with you when you mail it. Some people even go as far as taking a video of the entire process. At this point it is just your word against the attorney you spoke with.

 

I haven't been in the situation that you are currently in so I have no advice. I would definitely speak with an attorney like @debtzapper suggested. @nascar is another here that might be able to point you in the right direction. 

 

If you get the judgement vacated the first thing you need to do is file a general sworn denial. Then you will need to start learning how the court process works in Tennessee and your county. 

 

You should attend every court date regardless of what the other side tells you. Keep every letter they send you including the envelopes. Save any message they leave on your VM or answering machine and keep them stored in a secure place. 

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