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momofaharem

motion for default from PRA with no summons received

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In July 2014 I received a notice from PRA that they bought a debt from Wells Fargo that was originally Wachovia that was supposedly my debt.  I sent a certified letter asking them to answer questions I had about the debt including why they think I owed the debt, what the amount was specifically, age of the debt, details about their authority to collect the debt, etc.  They answer in Aug 2014 with basic info showing date of sale, amount of debt and all the things that didn't prove the debt was mine (of course).  I sent the questions again stating that they didn't prove that debt was mine and got another letter back stating that they considered the matter closed because they already answered the questions.  In Nov 2014 I received a settlement option letter in snail mail.  I didn't respond to it.  I have not heard from them since.  Last week I received in the mail an uncertified Motion for Default stating that I didn't attend a pre-trial conference on June of 2015.  I have not been personally served nor did I receive a summons in the mail.  The motion had attached  a return of service describing that personal service was made to a person "who refused to give name, roommate, co-resident and proceeded to describe a male who doesn't live here.  I have 4 daughters and the only male at this house is my husband who doesn't fit the description AT ALL.  The server said the male grabbed the paper and slammed the door and said that I was in active duty in the state of Florida.  ALL LIES.  This server never came to this house and has made a pretend person up.  I have no problem taking summons from servers because I have beat junk debt buyers before and plus no one in the house would ever lie about me serving my country.  

 

Today I filed a motion to set aside default with the court.  I would also like to file a motion to quash service since I was never served nor was was this fake person at my house.  I am livid that because the server lied, I never got my day in court.  Nor did I ever receive a copy of this summons in the mail.  You can bet I would have been there!!!!!   I have searched for a sample quash for the state of Florida but can't find one that would be the right wording for me.  I need help with this.  I am not sure what happens next as I am afraid they will freeze my accounts or garnish my wages.  The paper I received says "Motion for Default and then half way down says "Entry of Default.'  I am unsure if that means the process has started or if they actually won the default.  

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