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Default Judgment - No Service


troubleinaz
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I just received a letter from Law Office of Joe Pezzuto, saying they "have been trying to reach me" and that there is a judgment against me from CACHE. This is the first I've heard of any court proceedings. I was never served.

 

I moved from my old house 15 miles away in Sept 2013, almost a year ago. I don't know if that's where they supposedly tried to serve me, but I know for sure no one has ever served me any papers at my new home. I work from home, so I am here ALL day. There is no way I could have missed them.

 

I think what I need to do is file a motion to vacate, but not sure. I've read elsewhere that CACHE is notorious for sewer service.

 

What type of motion do I file, and what should I say in it? Then, when I do file, and assuming it is vacated - is there any way to prevent them from serving me now? I am pretty sure that I'd need to do the debt validation if they do, and doubt they have any paperwork, since it's in the hands of a second CA now. 

 

Can someone please clear things up for me so I'm sure of what my next steps should be? Thanks in advance.

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Yes they are notorious for sewer service but a motion to vacate is still the proper response to this issue.  You can check with naca.net who may take the case for free if they did use sewer service.

 

You cannot prevent them from serving you again if the SOL for a suit is still alive once you get a vacated judgment.  When you file the motion they will have your current address.  

 

If they do get a re-trial or file suit again DV is pointless once that happens.  You have to defend the suit and DV won't help you as all they have to provide is the name and address of the original creditor and amount you owe.  No proof, that is saved for the actual court case.  

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What @Clydesmom said: see if a NACA attorney will take your case and file for a vacation of the judgment.

 

How old is the debt? Once the judgment is vacated, the SOL timeline is as if it had never been tolled (stopped) by the suit.

 

BTW: Joe P and his buddies are, apparently, the go to attorney group for CACH when they are ready to sue--that's who they used against me in MN.

 

CACH may or may not have bought the debt from the OC. But it doesn't matter if the attorneys have cycled 100 times. lf CACH is still the first JDB to own the debt, they have whatever the OC gave them.

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Go ahead and call around to the NACA attorneys in AZ but I don't think an attorney will take this case on contingency (meaning you would have to pay their fee up front). If that's the case a motion to vacate for improper service is where you would start.

What is the amount of the debt? Who was the OC? Are you in Justice Court or Superior Court? What County?

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File a motion with the court to vacate the judgment against the Defendant's for improper service. Explain that you never received a summons and were unaware of any case against you.  Explain that you work from home and certainly would have been aware of an attempted service, The Defendant's ask the court to set aside Judgment to allow an answer to the said summons.  Something like that

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