Have a judgment with American General 12/01. It is $2000. I was never served the court papers. I am changing address to see if I get lucky for it to be deleted. Dont have the money today to settle but will have it in April. Who do I dispute with (OC or court) to try to get the item dismissed or vacated, due to not being served the court papers. Also if it is dismissed for this reason will they just refile the case again or is the debt deleted? If I change address do I have to wait 30 days to inquire about something else?How do I prove I was not served? Thanks Mishelle
How are you going to prove that? If a process server says he served you then you are going to have an awful time trying to prove he didn't in most cases.[/quote] I am changing address to see if I get lucky for it to be deleted.[/quote]Thats not likely. The name is the same and there is enough other linking evidence that they don't have to rely on address for their ability to verify the judgment. I'm afraid you will have to do better than that. Thats not going to get rid of it either. You would have to do that through the court and in order to be successful you are going to have to prove you were in Outer Mongolia or somewhere to be able to prove you didn't get served. Yes, they can refile. Lack of jurisdiction due to improper service of summons isn't one of the issues that would prevent them from filing again. Some issues can be presented in some situations that would prevent them from filing again but you almost have to demand it be vacated with prejudice and hope the judge goes along with it. I don't know of any reason why you would have to wait any 30 days.
