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Unifund sued me for a debt originally owned by Capital One.  I did not learn of the judgement until my employer was served with a wage garnishment order.  I filed a claim for exemption, and Unifund did not contest it.

 

I researched through the court website and learned that the original debt was under $3,000, and Unifund won a default judgment of over $7,000.   The court paperwork says that the paperwork was delivered to an Andrew Doe at my residence.  No such person exists.

 

I have written and submitted a motion to vacate the judgment based on failure to serve.   Unifund claims they mailed the documents to my home, which is false.  They submitted proof of service documents to the court.

 

My motion to vacate the judgment will be heard next week in Orange County.  Unifund has filed a motion to oppose vacating the judgement, and included the "false" service proof, along with their statement from a lawyer saying he mailed the document.

 

I've not had any opportunity to validate the debt, and I think the statue of limitations may be passed.  Other than showing up at the hearing saying there is no Andrew Doe at my residence, what other proof should I take?  I don't think that Unifund can produce the original documents from Capital One.  I'm told the Unifund attorney will be using Court Call to call in instead of appear, since they are far away.

 

Can anyone give me any advice?

Thank you!

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