A collection company thru their attorney got a default judgement against me without me having any knowledge of the court date or being served. Yeah sure I was getting their annoying phone calls and ignoring them. BUT, I had no knowledge that they filled a suit against me as I was NOT served ANY papers. Soo, after that a month or so later I find out in mail (regular US mail) that I have a wage deduction order against me.(and this is the first time that I learned of this case#)
Few days later I recieve same document from my HR dept that I have a wage deduction order against me and that they are going to start the garnishment process starting upcoming pay date :( embarrassing and humiliating as it I had no choice but to go with this and still going with this.. I then call the court and inquire as to when and where exactly I was served (or NOT served) and they say, they attempted to serve you once and failed as the apt # listed here is wrong and the second time they served you by leaving the papers by someone named so and so at your apartment. I was like.. I do not know this so and so person..there is no one at my apartment with this name.
Now, I do not have any money all this time to take any action but I like to as soon as I have some saved up. Court told me to file a motion to vacate the default judgement and ask for a trial. Also, file appearance fee, all this is going to run me over 250$.
My questions are;
1. is something like this ever happen to anyone here.
2. what are my chances or getting this reversed.
3. can I ask judge to have the collection agency and lawyer to repay me back what they got so far by my pay garnishments.
4. can i counter claim for them being freviloius and causing me hardship and emotional distress.
Pleaseeee advise in as much details as you like asap.
Thanks.
do you have all your credit reports?
what state are you in?
what is the original creditor and the name of the CA?
what is the date of first delinquency? 30 days after last payment
this information will help me make suggestions specific to your case. The state will determine the statue of limitations for this debt. knowing the name of the OC original creditor, will help show if there is a specific govt regulating agency that can help so rt out the truth. Knowing the exact dates is very important too.
you have not mentioned whether this could be your debt. it will be tough to prove whether this was gutter service, but it may be possible. Send a 623 investigation request letter to the CA. Ask them what address they were given, and how they identified the debtor. if they had your correct address, it will probably be ruled negligence not frivolous.