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Capital One Judgement from back in 2009 - Help please!

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Hi to all -


Back in 2009 a judgement was filed against me by apparently Capital One represented by Rubin & Debski.  I found out base on recently being denied credit. I wasn't living at the location where and off duty sheriff said I was serve.  Total Bull.  


I was so angry last night that I went to the county clerk office first thing this morning and requested copies of the entire case and also copies of the signed service (delivery judgement.  


County clerk documents - the only discovery documents submitted by the  call law firm was the Customer Agreement between me and Capital One.  Nothing else


Now I'm told by the clerk that I need to walk over to the sheriffs office to get copies of servicing.   The sheriff tells me that the clerk should have the copies of the servicing also with all the other documents.  Now, the sheriff wants to know why I'm looking for these copies of the servicing and I told her that I wasn't served and I don't know who the sheriff served.  She went on to tell me that the judgement will order the sheriff to court to ask/proof that I was served and I told her, Great!  Cause I never got served and this is total bull.  She mentioned that no signature is required when someone is being served???


Any all advise would be appreciated at this point.   I'm so disappointed on how the law works here in Florida


Thanks All

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Read your rules of civil procedure regarding vacating judgments.  Under certain circumstances, motions to vacate have to be made within a year.  Other circumstances require the motion to be made in a "reasonable amount of time".  

You need to speak to a consumer attorney.  If you can prove that there's no way you could have been served, there might be a possibility of getting it vacated (depending upon the time limit), but if you can't prove it, you might be stuck.  An attorney would know.

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