Lost lawsuit to sherman acquisitions almost 2 years ago through a default judgement. I live in Staten Island, NY and plan to move to Cincinnati, OH in the next 3 months. What is the best way to deal with this situation. Can I take them to court? if I can do that how do I go about doing that? The debt was originaly from Sears with $9K in debt and since Sherman got it it has gone up to $14K. I am at a lost right now. Can anybody help? Lino.
Lost to Sherman I received a summons in the mail, the summons has a september 16, 2004 date and the envelop has a October 21, 2004 stamp. Here in NY the court gives you 30 days to answer. so yes I was served. But failed to answer. Thanks for your reply. Lino.
Check your local civil procedure rules. Most states require personal service, unless they make diligent efforts to serve someone, or if that person is evading service. Many states will allow service by publication, and some may allow service by mail. Check your local rules first. But be warned; trying to get a default judgment set aside because of improper service can be an uphill battle, especially if it's been several years.
Thanks Bomba Thanks for asking if I was serve, I was making things up because I had received the summons but I did not answered it and then I assumed that because I did not answered it they got a defauld judgement. Well this morning I decided to go to court myself to find out about the Sherman case. It turned out that it was trown out because defective summons serving. So the lesson here is: Do not be afraid of courts is alway best to know than not knowing as someone here puts it. So thanks to both of you for your questions I now have to start to repair my credit since it is in shambles I already order my 3 credit report from trans union and it realy look like crap. I will be posting it later on to write out an strategy and how to take on. Lino.
So do you, or do you not, have a judgement against you? Does your state require personal service of the summons, and is lack of that why it was thrown out? Does Sherman claim they have a judgement against you? Does a CA for Sherman claim they have a judgement against you?
