lakers5440

writ of garnishment/capital one/stephen lamb

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For the last couple of weeks, I have been in the market for a vehicle...haven't checked my credit in years because I really had no need to until now, so when I did I find that I have a public records from a Stephen p lamb dinging my credit score....I immediately called the court house to find out what was going on because o received no summons and come to find out that, capital one/Stephen p lamb had filed back in 2010 without my knowledge.. Now I have a writ of garnishment on my credit union any advice would be helpful and keep in mind I haven't received anything other than the writ of garnishment from Stephen p lamb five years later

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Contact the court, find out who and when served you and how. After that we can better advise. You might be able to have it reversed if it's not been too long.

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I talked to the clerk and she said it doesn't show that I was served at all...they sued me in 2010 the writ was filed in Nov 2014 and again earlier this year (2015)

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I talked to the clerk and she said it doesn't show that I was served at all...they sued me in 2010 the writ was filed in Nov 2014 and again earlier this year (2015)

 

Go to www.naca.net.  If they got a default judgment and you were never served you have an FDCPA violation and a good consumer attorney should take this on contingency.  Not only will you not be paying Mr. Lamb but he will be paying your and your lawyer.

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Hey yall, I am talking to a lawyer about this but I wanted to see what yall thought...I got all the court documents on the trail that Stephen p lamb won by default and found out that either they found someone walking around our neighborhood to sign the summons or just flat out forged my uncle signature...my uncle is left handed with very sloppy writing...whomever signed that summons had great handwriting...

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If your uncle never signed for it, an affidavit would go a long way into establishing that fraud was potentially committed.

 

If fraud was committed, I suggest that you report the attorney to the state bar and file suit against both Capital One and the lawyer.

 

Don't forget that to add the process server and their bonding company.

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Your first step would be to file a motion to vacate the judgment under Rule 60. You would need to attach the affidavit of your uncle to that motion.

 

I would also recommend contacting an attorney. If what you are saying is true there is possibly an FDCPA,AFDCPA, and ADTPA violation.

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FYI, if you live in Arkansas and have been sued by 'Midland Funding' via attorney Lamb, you may be in for a treat.  Turns out his dunning letter is the basis of a FDCPA violation(s).  I have a copy of the complaint against his law firm, along with 'Exhibit A' -- the dunning letter.

 

Comments from anyone?

 

(EDITED -- Decided to start new thread)

 

http://www.creditinfocenter.com/community/topic/326295-arkansas-jdb-attorney-for-midland-in-class-action-hot-water/

 

-J

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