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

member profile picture

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: 159278.85

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.




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?




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: 135761.15272958

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.




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.




paulmergel


Posts: 15508
Credits: 135761.15272958

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

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




Add new comment

Attachment
More information
  • Files must be less than 2 MB.
  • Allowed file types: txt pdf jpg jpeg png.
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 1.420 seconds.