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Received Affidavit of Renewal of Judgement


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So I received a letter in the mail recently stating that there was an Affidavit of Renewal of Judgement that was filed against me in regards to a Judgement that was filed against me in 2009 by Jerold Kaplan Law Offices for Midland Credit Management. I don't know what the actual debt is for or who Midland is representing. 

 

I never received any type of summons nor was I ever served any papers in regards to this lawsuit against me, I didn't even know that it was happening. 

 

At this point I am so lost and confused and don't even know what to do or where to begin. 

 

I don't know if I should just go to the court to try to get a motion to vacate or dismiss the case or if I should just tell the judge that I was never served any papers. Also I have come across some articles stating certain things about hearsay. 

 

I really just want to get this done and over with and don't think that I should be responsible for a lawsuit that was filed against me that I didn't even know about. 

 

I need advice on to what to do in this matter, so any help would be great!

 

Thanks!

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You need to learn the rules about what to do to get the judgment vacated.  Read thru that forum, give you an idea.  I don't know what AZ laws says but usually you have a certain amount of time to vacate a judgement, you need to find if your rules say if it is from the time you learn of the judgment, or from the time it was entered as to weather or not you can get it vacated.

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Well I just don't even know where to begin. I read thru pages and pages of post, nothing in regards to my particular situation. All the verbiage and such doesn't even make sense to me so I would really appreciate someone to put it in terms that may help me understand it a bit more. I think my case is quite simple compared to some that others have posted up on.

I live in Arizona. 

I have a judgment filed against me from Jerold Kaplan Law Offices for Midland Credit Managment

I was never served by a server, certified mail or any other form so if there is anything that even would state that I was served I would assume would be fraudulent. 

My case is for an amount of $400+ when they originally filed and now trying to charge interest and court fees and now going in excess of $1000+ 

 

I want to try to get this figured out if i should go to court and try to file a Motion to Vacate since I was never properly served or even fight at this point. 

 

I have a little bit of ADD so it makes it even more difficult for me to focus on one topic/post esp when it jumps all over the place and doesn't piece together.

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@awschubert

 

First, find out what is considered proper service of a summons.  Do they have to serve you in person?   Can the leave the summons and complaint at your door.

 

Then I'd go to the courthouse and look through my file in order to find out how they claim I was served.  For instance, perhaps the record shows that you were served in person at a time that would have been impossible such as when you were at work.

 

You need to know some details.

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http://weblinks.westlaw.com/result/default.aspx?cite=UUID%28NFDA938900D%2DDF11E28A628%2DCD7CECCD897%29&db=1093984&findtype=VQ&fn=%5Ftop&pbc=DA010192&rlt=CLID%5FFQRLT5129445611811&rp=%2FSearch%2Fdefault%2Ewl&rs=WEBL13%2E10&service=Find&spa=AZR%2D1000&sr=TC&vr=2%2E0

 

here is your rule for justice court.  I would try to get it vacated.  You would need to file a motion to vacate.  There are lots of people here knowledgeable in AZ law, they may be able to help you format it correctly.

 

Do what BV80 said, it will help you in your motion, or help tell you if you will be able to make the motion.

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First of all you need to go to the court clerk and get a complete copy of the case. You will need to read the affidavit of process of service and see what it says. If you can get that and post what it says minus identifying info we can help you out/

 

Lack of process of service is a grounds for vacating a judgment, you just need to prove that you were not served. You do this by rebuting what the process server declared in his affidavit.

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