Richard J Hafner

Writ of Garnisment -8 years later.

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I received a Writ of Garnishment from CACH, LLC which was POS in 2010 at an Address I No longer lived at and to a minor!

Original amount was 3K but with Interest from 2010 it's now over 7k. Just found out by Certified mail and asked for validation

which I didn't receive. SOL in Oregon is 6 years but by getting a Default Judgement they get another 10 years.

I want to pursue a MTD or Vacate on the Basis of Sewer Service which Violates the FDCPA what are my options

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What do Oregon rules say about service to a minor? Most jurisdictions only say 'suitable age and discretion'.

If the address where they left the papers was your last address known to them, that's not sewer service. 

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16 hours ago, Richard J Hafner said:

I received a Writ of Garnishment from CACH, LLC which was POS in 2010 at an Address I No longer lived at and to a minor!

WHEN did you last live at that address and WHEN did they file the suit and actually serve the old location?

As Harry said leaving the papers with a minor very much depends on the child's age.  States that allow this typically set the minimum age at 15 or 16 and it would be legal.

9 hours ago, Harry Seaward said:

If the address where they left the papers was your last address known to them, that's not sewer service.

MAYBE.  If the OP had been moved out of state for over a year or more before the suit was filed I would still go after them because they clearly did not do due diligence to ensure they were serving the correct party.  If the time frame is less than a year then that would be difficult but not necessarily impossible to get through the court.

16 hours ago, Richard J Hafner said:

I want to pursue a MTD or Vacate on the Basis of Sewer Service which Violates the FDCPA what are my options

Get a consumer attorney.  Go to www.consumeradvocates.org to find one.  This can be done but you have to move FAST and failure to do so means you could be stuck with this judgment and garnishment.

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1 minute ago, Clydesmom said:

If the OP had been moved out of state for over a year or more before the suit was filed I would still go after them because they clearly did not do due diligence to ensure they were serving the correct party.

I don't see where he moved out of state. But people often move without updating their address. They aren't obligated to hire a private detective to track someone down to a new address. 

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3 hours ago, Harry Seaward said:

I don't see where he moved out of state. But people often move without updating their address. They aren't obligated to hire a private detective to track someone down to a new address. 

The out of state part was supposed to be in parentheses but the internet crapped out on me during the edit.  I don't think the OP did move out of state but they did move and the major question in determining whether there is an FDCPA violation and it is sewer service is the time frame and the distance.

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