Sorry, if this has been hammered to death, but I couldnt find anyone in my particular situation. Please assist me! In 2000, I had a discover credit card, and I lost my job and defaulted on $5600. Around 2004 it was sold to Credigy Receivables. They attempted to collect the debt. At the time I knew very little about anything related to debt, but my parents told me to ask for "Proof of Debt" - which I did. I didn't hear back from them until about 2005, where they threatened me with a law suit. They sent me a letter stating they wanted to sue me and I should call them to resolve. I called them, and spoke with the CSR - at the time I didn't know there was no such thing as debtors prison, so I asked if I could go to jail for this - and the CSR answered that it was a possiblity but they could work with me. They asked me to sign the document and send it in (which I never did) but I did make $200 a month payments, for about 8 months. I was unable to make one payment, and they ended up garnishing my Bank account (I was making payments through my bank to them.) At that point I stopped paying them, and my credit report shows a 2006 judgement in the amount of 13,000. I recently recieved another attempt to collect that was 18,000. Today, my new bank account was garnished, without warning. I have never been served, but my credit report shows I have a judgement. Is this legal? Now that it's been so long, can I ask for validation? Please assist me.
If you were never properly served when suit was filed you should be able to get the judgement dismissed. I'm sure someone will correct me if I'm wrong.
Varies by state. I would search your state laws to get the exact answer. Even though you yourself may not have been served if anyone in your household considered legal age accepted the paperwork then it can be considered that you were properly served. I know it's like that where I live.
This is usually covered under the rules of civil procedure for your state or locality. Try Googling "Michigan rules of civil procedure"; your local courthouse may have a self-help section. Mine contains a FAQ of sorts that cites the law relevant to common questions. At this point, you may want to consider at least a consultation with a lawyer.
Hi You were served 2006 - at some point someone signed for your summons (you, your parents, your room mate) - it sounds as they were awarded a default judgment. Keep in mind in the state of Michigan up to 25% of your wages can be garnished, your bank account - they can empty that there is no cap, and your Michigan State Refund. Flash forward 2011 you received another collection attempt - they found the new bank account, don't be surprised if they find your employer. Unless you already received your tax refund they can take that too. I am surprised it took so long, 18K is a large amount $$. As for serve processing in MI - they have three methods they can serve you: 1. Certified Mail @ last know address - (cheapest method) 2. Certified Mail @ last know work address - (once again cheap) 3. Process Server - who will go to home, work, school etc. till they find you 4. You direct them to your lawyer Proof of serve would be your signature on the certified mail card or signature of the paper the process server will require you to sign. The "served" summons cannot submitted to the court without it. You can go to the court and ask for court papers, see who signed and start from there. Keep a heads up @ your place of employment - your payroll department must provide you a copy of the writ and tell you when the if any garnishment will start. At least you will have aheads up there. I was served in MI - they received a defult judgement I know.
