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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?




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.

Sub: #1 posted on Thu, 06/05/2008 - 01:21

Shazzers Shazzers
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(Posts: 17342 | Credits: 1592.83)

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?

Sub: #2 posted on Thu, 06/05/2008 - 01:25

JCEMT JCEMT
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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.

Sub: #3 posted on Thu, 06/05/2008 - 01:26

Unregistered


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

Sub: #4 posted on Thu, 06/05/2008 - 01:29

Unregistered


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

Sub: #5 posted on Thu, 06/05/2008 - 01:39

Unregistered


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?

Sub: #6 posted on Thu, 06/05/2008 - 02:16

Unregistered


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.

Sub: #7 posted on Thu, 06/05/2008 - 02:30

paulmergel paulmergel
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(Posts: 15506 | Credits: 1356.56)

paulmergel,

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

Sub: #8 posted on Thu, 06/05/2008 - 02:45

Unregistered


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

Sub: #9 posted on Thu, 06/05/2008 - 04:16

JCEMT JCEMT
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(Posts: 2934 | Credits: 192.01)

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

Sub: #10 posted on Thu, 06/05/2008 - 04:24

paulmergel paulmergel
Moderators Cum Industry Expert
(Posts: 15506 | Credits: 1356.56)

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