I have a judgment for which I have never received papers for. I think what happened is that they took it to my parent's house, but I never got it. I said that the date filed was 02/2000. I have not lived with my parents since 1996. The plaintiff looks like a collection company. I was wondering what an effective validation letter would be for this situation or should I just counter sue?
I think what you want to do is have the judgment vacated due to improper service. Go to the courthouse and pull the file. Look for the affidavit of service. That will tell you how and when and where the docs were served. If indeed they were served at an address where you did not live, ask the clerk for the papers needed to vacate the judgment. You then file those papers and they will probably give you a court date. If this does happen, be prepared for them to serve you again and probably at the courthouse after the hearing, if they show up.
LKH, What did you mean when you said "be prepared for them to serve you again and also after the hearing"? Did you mean that if he filed for a motion to vacate that the collection agency would try to have him reserved and if he did get it sucessfully vacated that they would serve him again with an attempt at getting a new judgement? Just curious
That is exactly what I meant. If they don't know where he lives and he is successful at vacating the judgment, and they still want to pursue it, where else would they be likely to serve him? I mean, if he is right there in front of them, what better time is there? It's happened many times before. They may not, just be prepared to run if successful. LOL
