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suzieslick3
Joined: 19 Oct 2009
suzieslick3's page
Posts: 1
32 Magic Points
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Subject: How can i remove a judgement that was never served to me in
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Mon Oct 19, 2009 2:52 am
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| I have a judgement on my credit report that they claimed was served to me. Now this was listed in New Jersey at the court in 2008 and I have been living in Atlanta for close to four years. What can I do to have it removed from my credit report? |
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carol
Joined: 27 Jun 2006
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Posts: 1308
28489 Magic Points
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Mon Oct 19, 2009 7:58 am
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Well Suzie, removing this may be a little difficult. Has your wage been garnished? Find out when it had been served and if you have enough proof that you were not there when they have claimed to have served the judgment maybe you have a case. Else, I see it to be difficult. Also check the SOL in New Jersey. Maybe you can vacate the judgment.
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fireyone
Joined: 26 Feb 2008
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Posts: 4124
1011 Magic Points
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Mon Oct 19, 2009 10:31 am
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| Hi Suzie, I would definatly try to get more informaiton on this judgement. I always wondered myself how creditors get a judgement if it was not served to the person theirselves. With all the information out there you think they would see that your address has changed and then send the judgement to your current address. I just had this happen with a debt collector. They claim they sent information to my old address that I had moved from two years ago but yet they had all my current information and address. See if you can call or visit the courthouse to find out more information on the judgement. |
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goodnatured
Joined: 03 Nov 2007
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Posts: 3735
10 Magic Points
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Mon Oct 19, 2009 11:25 am
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Seems funny don't it fireyone that they can find you to contact you when they want to collect but not to serve the paperwork until they are in a time crunch and they can make it seem more urgent to you.
I really think this is just a tactic in the collection world, you would think they would have to make all efforts before they could put a judgement in place, especially if it has been sometime since you have moved, like in your case fireyone, two years. Now surely they could have gotten a forwarding address right? How did they get your information to contact you now? Sounds fishy to me. |
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peacockrancher
Joined: 07 Sep 2008
peacockrancher's page
Posts: 45
162 Magic Points
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Mon Oct 19, 2009 4:42 pm
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| it probably is, they can find you if they want to. |
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Justin
Joined: 17 Jul 2006
Justin's page
Posts: 1093
25288 Magic Points
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Tue Oct 20, 2009 9:26 am
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Hi Suzieslick,
Well, I think you need to file a motion to vacate the judgment stating clearly that the notice was not served to you at your present residence. All the intimations have been sent to your previous address. Hence, you were not aware of any such legal proceedings.
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Justin |
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fireyone
Joined: 26 Feb 2008
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Posts: 4124
1011 Magic Points
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Tue Oct 20, 2009 11:20 pm
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Can this be done? I thought there was a clause in somewhere as long as they made every reasonable attempt. I also have heard of them leaving information relevant to a court date with relatives.
I think that if you can prove with any doubt that they were aware of your recent address they should have to vacate the judgment. Which brings up my question if they can view your credit report the how would they not know you current address? |
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