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Judgement in CA but was never served


jmbCO
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Yesterday I was about to call a debt collector to offer them a more lucrative settlement than I was able to offer last time I talked to them. A little voice told me to check the courts website for the county I used to live in, low and behold they sued me, submitted proof of processing, and got a judgement against me because I never responded the the summons that I NEVER received. I called the courts and the clerk told me the plaintiff served a 5'3" Caucasian female with brown hair, approximately 30 years old, at my friend's address in California in April 2013. I was having my mail sent to my friend's house when I first moved to Colorado in July 2012 until I had a stable residence. Sometime towards the end of 2012 she bought a new home and rented that one to an older single male, there are no females living at the residence in April.

 

I have called this creditor, who is collecting a debt for a JDB, a few times in the past trying to work out something with them, they just say no and won't tell me what they will accept. After I got my own apartment in Colorado I gave the creditor the new address because I wanted this matter resolved, unfortunately I am not sure of the exact date this occurred but I am sure it was between Dec. 2012 and April 2013. The last time I spoke to them in June I knew something was going on when they refused my offer and said they would only accept a very specific amount down to pennies. It was before the call in June that I had updated my address with them, when I had given them the previous offer which they told me they thought the JDB would accept, only to call me back and say it was denied and they had no counter offer to provide me.

 

Does anyone have any recommendations on what actions I can/should take? This judgement could mean me losing my licensing and in turn losing my job, so I really need to know what all my options are if I even have any.

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You will need to file a motion to vacate the judgement.  I would include a brief with something to prove you lived in colorado such as a old utility bill in your name with the date, or a copy of your DL.  I would include in it also that you updated your address with the jdb. Unfortunately you will need to file it with the court that entered the judgement, you can't file it in colorado.  I would call the clerk and ask how you can do this by mail. There may be a blank form on pleading paper in the courts website that you can use, or you can make your own, there are templates and examples within this site if you search.

 

When was the date of the last payment on account? If you get the judgement vacated, they may file against you in colorado.  You tolled the SOL on the debt in california when you moved from the state.  Colorado has a 6 year SOL, which would probably apply now.  If the credit card has a delaware provision, you may be able to use that sol of 3 years in a defense should they file against you again.  At this point in the game, I hope if you get it vacated you choose to fight it should they file again, and not settle with them.  We can show you how if that time comes.

 

Another thing to look into is filing suit against them if you can't get it vacated for suing you in the wrong venue when they knew you no longer lived there.  That is fraud, A case against them may be of some incintive for them to vacate if you can't do it through the court. What part of colorado are you in?  Denver area has some consumer lawyers that may take your case for a contingent fee, or a lower fee.  I would consult one.

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