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.
11/14/07 TU 567 - EQ 561 - EX 577
11/29/07 TU ??? - EQ 573 - EX ???
12/10/07 TU ??? - EQ 579 - EX ??? - 60% util - OOPS!