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judgement
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Subject: motion to set judgement aside
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Tue Jan 05, 2010 7:25 am
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| i just found out that a judgement was entered againts me in orange county california , i was never served properly so i was unaware of the suit filed ... ... the adrs and work place they claimed i was served at was a adrs and work location i have not been at in 4 years !!! i have curent prof of my residence (lease) and also curent emplyer (tax filling over the last 4 years ) neither of wich the collection agency that sued me know about .... so i can clearly show prof i was not served ...i want to file a motion to have the jugdement set aside...what i need to know if i win and i strongly beleive i will can i sue the agency that sued me improperly for their illegal practice? |
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carol
Joined: 27 Jun 2006
carol's page
Posts: 1307
Location: Los Angeles, California
29555 Magic Points
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Thu Jan 07, 2010 4:58 am
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Hi judgement
Yes, you can sue the collection agency/creditor in small claims court if you have a case. Were you ever pursued by the CA for the debt or was this the first time you ever heard of it? If you were unaware of the debt, it is better that you first send them a validation letter and wait for them to validate it. Why I am saying this is, you need to build a case to be able to sue them in small claims court. There are few obvious reasons to file lawsuits like calling at odd hours, threats, refusal to validate debt at your request and continuation to collect and harassment. All of these are reasons to sue. So, first build your case and then go ahead. Send the validation letter first and if they don't validate it, then dispute the debt and ask them to get it removed. If none of this is done, you may go ahead and sue them in small claims court. Check your credit report if this debt reflects in it or not.
_________________
Keep in touch
Carol |
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tajzsmom
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Subject: motion to set aside judgement
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Tue Aug 10, 2010 7:21 pm
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| i failed to respond to divorce matters w/in 30 days and would like |
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tajzsmom
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Subject: motion to set aside judgement
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Tue Aug 10, 2010 7:26 pm
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| i failed to respond w/in 30 days re my divorce for which my husband filed. what are my chances of getting spousal support if i file the above paperwork? we are in california. thank you so very much! tajzsmom |
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Katrina
Joined: 19 Jul 2010
Katrina's page
Posts: 51
Location: Atlanta, GA
1024 Magic Points
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Tue Aug 10, 2010 11:47 pm
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| Once a creditor has taken you to court is not a time to 'send a validation letter' - Creditors like that are ruthless and usually know exactly what they are doing and know you won't get notified - they have already done their homework and have everything lined up to garnish bank accounts and wages. Judgement - you need to act immediately and notify the court and all parties ASAP that you were not notified properly - otherwise they will ask for and receive an order for garnishment. Then find an attorney ASAP. |
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Aaron
Joined: 08 Feb 2010
Aaron's page
Posts: 2675
48566 Magic Points
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Wed Aug 11, 2010 12:27 pm
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| Oops I missed that [*blush*] |
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This is a divorce case.