I had no replies to my last post, but I was wondering if any of you could check out the letter that I intend to send to the creditor. Would this fly? Is there anything to add or take away? Recently, on April 21, 2014, I received a notice from my employer that your firm would begin to garnish my wages. At first, I was shocked and confused as to what this could have been about. Upon further investigation, I have discovered that your firm had won a default judgment against me in the Eastern Ohio Court in 2011. However, I have not been a resident of the state of Ohio since 2007. My addresses have been updated through USPS when appropriate, but I have never received any indication by mail of an impending collection, dispute, and certainly not a summons to court. Through legal advice, I have been encouraged to file a motion to vacate the judgment due to improper service. I intended to do so immediately. However, I have decided that I would be willing to work out a settlement if your firm could do the following: â?¢ Verify that I am the owner of this debt â?¢ Provide me with proof Upon verification of this debt, I am willing to negotiate a one time payment on the original amount owed with the understanding that a motion to vacate will not be filed and/or the judgment will be marked as paid in full. If you are unable to verify the presumed debt owed, I expect a motion to vacate judgment filed on your behalf and the mark deleted from my credit report. If you desire not to work with me further in this matter, I will indeed file a motion to vacate the judgment due to improper service.
The problem with demanding validation while there is a judgment, is that the judgment is the validation. The law presumes that a judgment with due process only happens after a company has proved to the court the validity of the debt.
