please: I just checked my credit reports and transunion is showing a judgment from Capital One. I had an account opened in Florida in 2000 and the date closed on TU states DEC of 2001, experian states 180 days as of Dec 2001. I lived in Florida from 1999 till 2007. I now live in Hawaii as of July 2007. The judgment is listed as such: GA 14 Hartford District Circuit Court Judgment Date: 9/2007 Individual Hartford, CT Capital One Bank $1,101 I have not lived in Connecticut since 1997, although my old address still shows up on my Experian report. I searched the Connecticut Judicial site and it states the following: Small Claims Court; File date: Feb 21, 2007 Answer Date: 6/29/2007 Case Type: Contract Claim Amount: 1,020.86 Disp Date: 9/4/2007 Judgment for the plaintiff after default without hearing on damages. I was never served with any papers, nor have I heard anything from Cap One since about 2003. I believe the SOL for FL is 5 years. Was it too late for them to have sued me, without serving me, and in a court jurisdiction in which i do not reside? Please help on my course of action. Any input is sincerely appreciated.
They can't sue you without serving you. Although some states allow alternative methods of service (like service by publication in the newspaper). You need to contact the court and since you live so far away, find out the procedures for ordering all the paperwork in your file. You will need to see how this "sewer" service was obtained before proceeding.
Thank you for the reply. I contacted the court, and stated that I needed all the information in this file, as I was never served and that I am not a resident of CT and that I live in Hawaii. The clerk stated to me that I must appear in person at the court house with valid id in order to view the case files, that there is no other way to do it. Is there anything else that I can do about this?? Your comments are sincerely appreciated.
Ask if you can send a copy of your drivers license, and (assuming the address is your current one on it), request copies be sent to that address.
Have you checked to see if the information is available at the courts website? If not, write to the courts Chief Judge, explain your position and include an ID Affidavit with the letter that is notarized along with a copy of your driver license.
Capital One in its card holder agreement has a Choice of Law Provision. They have chosen VA which has a SOL of three years for credit cards.
The suit in CT is somewhat strange. The OP in Florida for 7 years and Hawaii now? Mistaken identity? Appear in person and present valid ID to view a public record? I would think, at the very least, that the alleged judgment debtor would at least be able to get a free copy of the judgment. Some information is available at the CT Court site: http://www.jud2.ct.gov/Small_Claims/ More than just basic stuff, but not a complete file. It would be a good starting place. E-Mails to the court requesting details might get you a different answer or at least some policy explanation. Hartford in winter? Not far enough north to be interesting, not far enough south to be warm. Not worth the trip at this time, especially from Hawaii.
You need to file a Motion to Dismiss for lack of personal Jurisdiction with the Court immediately. Show that you have not lived in that jurisdiction for some time. After you do, be prepared for them to re-sue where you do live, but for a $1000 claim it's easy to make their attorneys fees go a lot higher than that.
Hi all, thank you very much for your input, it is sincerely appreciated. I spoke with the clerk of the Small Claims Court where this was filed this morning. I explained the situation. She stated to me that some one was served as it is showing Marshall Service completed with an old address from 10 years ago. She could not tell me anything else as the file would have to be pulled and the Sherriff Office contacted. She instructed me to send a letter with an explaination of what has happened here and that I was never served with the papers. My question is, should I contact an attorney for assistance in the letter, or should I just do it myself and have it notorized as an affidavit for a motion to vacate due to improper venue and service, or should I just send a request for the contents of the file first. Thank you all for your assistance.
I would just ask for the contents of the file first. Wait and see what's there to decide what you need to do next. Let us know when you get it.
I received today the contents of the file from CT court. Included: SMALL CLAIMS WRIT AND NOTICE OF SUIT filed w/court on Feb 27, 2007. (address for me (defendant) is a CT address I have never been associated with.) Included: AFFIDAVIT OF DEBT AND VERIFIED BILL OF PARTICULARS stating on 10/16/06 the defendant became indebted to Plaintiff for $$ on a credit account. That up to Jan. 24, 2007 Def was credited a total of $0 leaving a balance. The credit agreement attached provides for interest calculated at 0% which sum is 0.00. Said agreement also provides for attorney's fee 15% which sum is $0.00. Defendant is entitled to no defenses, setoffs or counterclaims. Included: Statement from Capital One dated November 8, 2001 with a new balance of the amount of the claim $1026.86 with notation stating that this account will now be charged off. (This statement has the address in Florida that I had been at until moving to hawaii) Included: OFFICERS RETURN TO THE COURT stating; The and by virtie hereof and by the direction of the plaintiffs attorney I a true and attested copy of the original writ, summons and complaint by leaving a true and attested copy of the same at the usual place of adobe of the within named defendant. Signed State Marshal. (this address is my childhood address, I nor anyone in my family has lived there for 15 years.) Included: NOTICE OF JUDGMENT Included: Paperwork for MOTION TO OPEN JUDGMENT. So with this MOTION TO OPEN JUDGMENT, it states that I must serve all parties involved and appear in person to receive a court date, and then also appear in person on that date, saying that if the MOTION is granted the case will proceed to trial the same day. My question is, does this sound right? I searched the CT judicial site and cannot find anywhere a MOTION to VACATE. Is that something that I can just write on up, have it notary and send it off, or do I have to go with this MOTION to OPEN and fly to CT to appear. Im guessing that it shouldn't be to hard to get rid of, since it is improper service, improper jurisdiction, and beyond SOL. Thanks for any input, I really appreciate you all taking the time to help us all on this board.
Judgments and court filings are public record. I regularly obtain mortgage records and court filings from other states by sending in a check for the costs of copies and certification.
