re: acct# 12345 Dear Lawyer of Predator, I am writing in regards to a judgement you filed ahainst me and my dh. His wages have been being garnished by you since June 2002 for this account yet we have no recollection of ever having been served a summons regarding this judgement. I am requesting proof that we were indeed served. Also we have never received a copy of the judgement stating the awarded amount of money. I can see on our credit reports that it $6192.00. I am requesting a copy of the judgement. In addition we have never received any kind of accounting records showing what the original amount of the default was and the amount the vehicle sold for at auction. Also I do not have any balance to go from and how the garnishments have been being applied to the account. To date we have had over $3200.00 garnished from his wages. As I see it you could continue to add on charges and collect on this indefinately. I am requesting copies of all accounting on this account. I look forward to receiving these records so I can proceed with payments and cler this matter up as soon as possible. Not signed by, ME AND DH As you can see there is definetly room for improvement and would greatly appreciate any help you guys and gals can give. BTW We really do not think we were served for this B/C the OC claimed they caould not ever find us. Duh we were at the same address they repo'ed from all along.
Before you send that letter, you need to go to the courthouse and pull the case file. It will show the method of service. Learn the laws in your state. In many states, you don't have to served personally to have a lawsuit filed against you. Also, find out the SOL for your state in appealing a default judgment. This is not going to be easy since over a year has passed since this happened. Start with the case file and determine the facts.
I agree with Keepmine. Don't send anything to the attorney giving him the heads up. The letter also mentions this is a repo. You might want to check your state's repo laws as well. There are very detailed steps that have to be followed. If they didn't, it could just be more ammunition to have the judgment vacated.
