How to Vacate a Judgement

[My_dog_FICO]

Everyone - First off, thank you for your wonderful advise. Secondly, wish me luck.

Tomorrow I am going to the courthouse to file a motion to have a judgment vacated. DH stopped paying on a Capital One card on Dec 6 2002 due to medical problems. DOLA is 12/2001, DOFD would be either 60 or 90 after that. I'm stating it is 3/6/2002. Hayt Hayt and Landau of Miami filed and received a Default Judgment for $1200 plus $2200 in fees and interest. We have never received a single piece of documentation from them until Jan 14, 2008. Also no judgment was list on his CR until Jan 2008. Florida Statute of Limitations is 5 years on written contracts.

I've filled out the SC24 form (Florida Supreme Court Approved Family Law Form 12.922(c) Motion to Set Aside Default of Default Judgment) and will be submitting it to the courthouse tomorrow.

I've claimed as reason's for the Motion to Vacate as:
1) No notification was presented to the defendant.
2) The documentation received on 1/14/08 from HH&L did not contain any signatures. We thought it was a scam until we checked the court document numbers.
3) The SOL has been exceeded. 5 years would be 3/6/2007. Judgment was not awarded until 6/29/07.
4) The $2,200 in fees and interest violate FDCPA 808(1)

I also hope the same bad luck befalls them that did us: They are based in Miami Fl and we're in Jacksonville. I'll try to schedule an early morning hearing.

Is there anyone else who's gone through all this with or without an attorney present? Positive suggestions are welcome.

"Taking a bite out of FICO crime".

Note: HH&L refused to settle for $1750 (50%) when I called yesterday and Cap1 would not let me settle with them for 100% of the balance owed.

[Anonymous]

I wish you the very best of luck! Please report back and let us know how it went!

[My_dog_FICO]

Thanks masdeocho. I'll need it to get this one cleared up.
(as a side note - we are willing to pay the amount owed to Cap1, just not the $2200 in interest and fees to LL&H, especially since we were blind-sided by a default judgement).

Message Edited by My_dog_FICO on 02-07-2008 02:57 PM

[Anonymous]

Find out (call the court Clerk's  office) whether they have a record of service on you for the subpoena/complaint/whatever they call it in FL when someone sues you.

Each state/county has its own rules for "service" meaning how that piece of paper must be handed to you to tell you that you are being sued and must appear in court.  In some places it has to be handed to you directly ("Are you my_dog_FICO? Here, this is for you.").

If the OC or its attorneys didn't do it properly (the Court should have a record, like an affidavit of service from someone swearing that they served you), you should argue "lack of proper service" as another ground to vacate the judgment.