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default judgement


neondon
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 Alright my now wife had a credit card that she quit paying on in 2008, apparently in 2014 there was a default judgement obtained and I would like to file a motion to vacate based on a couple of things. 1.  We live in the state of GA where the statute of limitations is 6 years, 2.  I do not believe that the company Calvary SPV LLC had standing in this case.( says they were an assignee of GE Money Bank )

So my question is how do I go about this there are other extenuating circumstances surrounding why she was not there however I am not sure if they matter legally. She was served and didn't show up what can I do to perhaps remedy this situation. Today we became aware of the judgement in court in DeKalb County where they were seeking garnishment which was refused because she is currently on SS/disability.

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22 minutes ago, neondon said:

 Alright my now wife had a credit card that she quit paying on in 2008, apparently in 2014 there was a default judgement obtained and I would like to file a motion to vacate based on a couple of things. 1.  We live in the state of GA where the statute of limitations is 6 years, 2.  I do not believe that the company Calvary SPV LLC had standing in this case.( says they were an assignee of GE Money Bank )

So my question is how do I go about this there are other extenuating circumstances surrounding why she was not there however I am not sure if they matter legally. She was served and didn't show up what can I do to perhaps remedy this situation. Today we became aware of the judgement in court in DeKalb County where they were seeking garnishment which was refused because she is currently on SS/disability.

Assignees have standing to sue if they can show they purchased the account.  If the lawsuit was filed within 6 years after she stopped paying, then the lawsuit was timely filed.

If you want to give it a try, you'd probably have to claim that the court lacked subject matter jurisdiction due to the plaintiff's lack of standing to sue.

§ 9-11-60.  Relief from judgments

(d)  Motion to set aside.  A motion to set aside may be brought to set aside a judgment based upon:

   (1) Lack of jurisdiction over the person or the subject matter;

The constitutional and procedural concept of "standing" falls under the broad rubric of "jurisdiction" in the general sense, and in any event, a plaintiff with standing is a prerequisite for the existence of subject matter jurisdiction. Blackmon v. Tenet Healthsystem Spalding, 284 Ga. 369, 371, 667 S.E.2d 348 (2008).

"Standing is in essence the question of whether the litigant is entitled to have the court decide the merits of the dispute or of particular issues, and litigants must establish their standing to raise issues before they are entitled to have a court adjudicate those issues." Sherman v. City of Atlanta, 293 Ga. 169, 172(2), 744 S.E.2d 689 (2013).

 

 

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I appreciate the quick response let me ask this; the judgment was filed on my wife at the address that she THOUGHT that she lived at but today I confirmed that the actual address on file with E911 is different and that the address on the judgment is nonexistent on this street, I am thinking that this matters for sure but wonder whether I should just leave it alone(thinking that their judgment is basically worthless as is) or should I persue this as well?

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