DebtConsolidationCare [A+ on BBB] Logo
DebtConsolidationCare Forums
Discuss your problems and get out of debt
Get honest and blunt feedback on your debt issues from Experts for FREE
For Free Debt Counseling: Call 800-DEBT-913 or

APOTHAKER & ASSOCIATES

Hello All,

Ok I received a notice from these people Aug of last year. A sheriff notice served me and explained I needed to respond in 20 days. I live in PA. 2 days later I filed my response in court stating I did not know who there are and wanted proof I owned this debt. I also sent the letter cmmr to their office as well. I never received anything back to date.

Now I am being told they have on file a judgment on me from July??? of last year. How is that possible if I was served in Aug?

Can anything be done about this?




Shazzers


Posts: 17419
Credits: 159275.9

Sub: #1 If you have proof that you weren't served until Aug, and sent th
Wed, 06/04/2008 - 12:51

If you have proof that you weren't served until Aug, and sent them a validation letter certified mail and still have the green card they sign showing they received it, file a motion to have the judgment vacated. Someone else will be along shortly to offer a little more advice on this subject, hang tight.

Visit my blog-TAKE CONTROL!
CLICK HERE To join my Social group, The Payday-Loan-Free Advocates!
Online Complaints Ohio Attorney General
Online complaints: Federal Trade Commission.
Ohio Payday Loan Laws




JCEMT

Posts: 2935
Credits: 19200.4

Sub: #2 Sounds like you may be able to motion to vacate on grounds of im
Wed, 06/04/2008 - 12:55

Sounds like you may be able to motion to vacate on grounds of improper service. When was the hearing? Also was the hearing where they received a judgment against you in the same state/county you reside in?

Regards
JCEMT




Unregistered

Sub: #3 Thanks.. I can't understand how I am served in Aug and then find
Wed, 06/04/2008 - 12:56

Thanks.. I can't understand how I am served in Aug and then find out they have a judgment already in July. Yes I do have the cmmr and the letter I sent to them. I also still have the original copy of the Sherrif summons.




Unregistered

Sub: #4 JCEMT, I am trying to get that information now. All I have ri
Wed, 06/04/2008 - 12:59

JCEMT,

I am trying to get that information now. All I have right now is a book and page number that was provided from the court house. Trying to get that information right now as we speak.

This is in Luzerne County, PA




Unregistered

Sub: #5 I was served on 8/6 and the judgement is on 7/24
Wed, 06/04/2008 - 13:09

I was served on 8/6 and the judgement is on 7/24




Unregistered

Sub: #6 Update: I just got off the phone with the court house. There
Wed, 06/04/2008 - 13:46

Update:

I just got off the phone with the court house. There is no judgement or lien placed against me :D It is just an open complaint. What can I do now since it has been sitting open for almost a year?




paulmergel


Posts: 15508
Credits: 135775.35056893

Sub: #7 reply
Wed, 06/04/2008 - 14:00

i don't know the exact term,but i think you can have it thrown out for lack of activity.i'm not sure if that is the term or not though.

giving hope to the hopeless,help to the helpless,and hap to the hapless.




Unregistered

Sub: #8 paulmergel, Thanks I will look into that. Thank You all for y
Wed, 06/04/2008 - 14:15

paulmergel,

Thanks I will look into that. Thank You all for your help!!!




JCEMT

Posts: 2935
Credits: 19200.4

Sub: #9 Request to dismiss (why not try with prejudice while your at it?
Wed, 06/04/2008 - 15:46

Request to dismiss (why not try with prejudice while your at it?) due to lack of prosecution.

Regards
JCEMT




paulmergel


Posts: 15508
Credits: 135775.35056893

Sub: #10 reply
Wed, 06/04/2008 - 15:54

that's the term,i knew my man jcemt would come through for me. :D

giving hope to the hopeless,help to the helpless,and hap to the hapless.




Add new comment

CAPTCHA
This question (Case Insensitive) is for testing whether you are a human visitor and to prevent automated spam submissions.
Image CAPTCHA

Share post

Page loaded in 5.765 seconds.