This is a first for me. My husband has a civil judgement that was file on 6/97. I just received a copy of the proof of service. It's dated 2/19/2000. Do you think I can get it vacated based on this. It looks screwy enough to me. Bobbi
PROOF OF SERVICE...to who, at what address, date, time, WAS HE THERE AT THAT TIME, ADDRESS, ETC? DID he sign anything? Was he really served? IF THEY FAKED IT...slam dunk...it gets removed...
I signed the CRRR, the point I was making was we were served 3 years after the credit received a judgement. Bobbi
How can you be served after you have already been judged? Kinda like sentencing you after you've been hanged isn't it.?
I thought so too. Isn't this just too much fun. I am getting all the hard stuff off our reports because of stuff like this. You wouldn't believe the sh$$t I have seen in the last couple of days. It's actually not much of a challenge if they keep handing me stuff like this <grin> I just have to keep on my toes and watch the dates of things. Oh well, too much fun. Bobbi
i would dispute and when the cra verified i would ask for procedures and then I would sue them big time!!
That's my plan. I was going to get it vacated, but proving the CRA's wrong is a whole lot more fun. Bobbi
Look carefully at what you received. Is it the proof of service showing that he was served with the lawsuit, or the proof of service saying he was served with the judgement? They have to serve him with the complaint before getting the judgement. They also have to serve him with the judgement after they get the judgement (but usually only by mail, depending on the state). Here is what I am getting at. The court file may show a prrof of service for the lawsuit. That one is the key to whether or not he was properly sued. That may have happened in 1997. Then, once they got the judgement, they had to send him a copy, usually by certified mail. It may have taken a while for them to find him which explains why that was just down. That may be what you just got. This is just one of many possible explanations. My other theory involves space aleins.
Just make sure on the affidavit it says the documents served were a summons and complaint - not some post judgment documents. If it it post judgment docs, the dates would be legit.
I just got off the phone with NJ courthouse. This is what happened: 1997 Judgement entered 1999 Judgement vacated by creditor 2000 Judgement entered again I was totally confused because it's listed on the credit reports as entered 1997. I signed for the second summons but I thought they were copies from the original judgement not another one being filed. Are you confused yet? I am. I'm just going to dispute it with the CRA's as the wrong date and see what I can get there. The confusing thing is it's the same docket number throughout. That's why I thought it was the same judgement. Bobbi
