Here one for everyone.... I have sent two DV letters to a CA (I thought) for an account listed on my CR- For Chek Protekt, they were 30 days apart. I received a letter stating: "We are in receipt of your letter dated February *, 2003 Please be advised, in regards to your check number 3012 to Cucina Cucina which was dishonored by the bank on April 29, 1997, a complaint was filed against you on Nov 3, 1997. Additionally, on February 2 1998, a default judgement was enterd against you in the King County District Court for the sum of $566.39 Demand is hereby made for full payment of $915.29 within ten days of the date of this letter. If payment is not received within that time, we intend to initiate appropriate action for collection of the outstanding judgement. Sincerely Ben Hankin Attorney At Law "Same address as Chek Protekt" I never received any paperwork on this- They did not respond to my request of Dv w/ copies of any judgements filed- or a copy of the check. I have never heard from them- they get a default judgement against me and never have attempted to collect on this???? I am thankful that no judgement has been entered on my CR. I plan to go to the court house to obtain copies of this judgement and process and service- I plan to file "vacate judgement" and to hit them with a stream of Dv letters after. Any other ideas would be appreciated!~!! ____________________________ Since the fact remains that I sent this company (Chek Protekt) Two validation letters, the first dated Jan 2, 2003 amd the second dated February 8, 2003 with a request for copies of: Agreement w/ your client that grants you the authority to collect on this alleged debt Aggreement that bears the signature of the alleged debtor wherein she/he agreed to pay the creditor. Any judgements been obtained by any creditor regarding this account. I placed the account in dispute with Experian- It came back verified on 3-2003 without any validation sent to me, isnt this a violation of the FDCPA and FCRA? Regardless of any default judgement against me or not. They do not respond and forward letter to Ben Hankin (Who is an attorney) to respond by requesting payment and informing me of a default judgement I have been told different things- That yes it is a violation and no it is not because a "Default judgement is a matter of fact" The judgement does exist-I went to the courthouse this morning- It is 5 years old so they have to find the documents and mail them to me (Its in the archives).
I would not do anything else until I get a copy of the judgment. Once you have a copy, check the address they allegedly served you at. If the address is wrong, fictitious, or there is no proof that you were served, have it vacated. If they were served correctly, then we will work on Plan B.
Sorry my computer was down for 5 days- I had the court docket mailed to me. I have not received anything else from the court house, they said they had to pull it from the archives. I mailed the attorney a CMRR letter- another DV letter. This Thursday- I plan on filing a "motion to vacate" judgement, based on process of service.
In the first place do not file a motion to vacate the judgment. The proper motion is motion to vacate void judgment due to lack of jurisdiction if you can in fact prove that you were never served. Dong that is extremely difficult because you have (or should have) signed and sworn to before notary affidavit of service of summons. If that document is present then you are going to have to prove a negative and doing that is an extremely difficult thing to do in most cases. You would have to have conclusive proof. Uncle Harry swearing you were in Tamora, Nebraska visiting him is not going to be sufficient. Now then, if you could get about half of the total population of 51 people in the town to provide affidavits that they personally know you were there on the day you were supposed to have been served then maybe. Something like that anyway. There are usually much better grounds to file motion to vacate void judgment than attempt to attack the service of summons.
Re: Re: Legal Eagles- Please Help If you were never served, it is NOT that hard to get it vacated. I've heard a statistic recently that something like 87% of default judgments have something wrong with them that make them susceptible to vacation - and judges are extremely likely to throw them out as a matter of course - if they're challenged.
