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Oh, also, the lawyer didn't call me as promised. I will be calling again tomorrow morning.
:/
Update:
I called again to speak with the lawyer who is garnishing me. He was VERY RUDE. Wouldn't tell me what I (or the person with the same name as me was sued for), when it was served, nothing. He instructed me to call his client!!
I decided to instead call the original law firm on the case, and they weren't aware that wages were being garnished on the judgement, and seemed particular irritated about that.
They wouldn't discuss the case with me, but said they would have the lawyer who actually worked on the case call me back.
So here I am with 0 information still.
How interesting that someone can just take your money and then tell you they aren't allowed to discuss the reason with you!!
Another update:
Spoke with the circuit court in VA. There is very little information about the defendent in the case, no DOB, SSN, nothing. They say that it went unserved, and they hired a privaty party service, and claim I was served in person at my workplace in California. Obviously this is not true.
They pulled the file and the lawsuit was for property damage. Can you imagine.... they told me if they still had the case it could be easily vacated, but because it was triple-sealed and transferred to Missouri, there was nothing they could do.
My lawyer still hasn't called me or emailed me, so I'm looking myself into forms for filing a motion to vacate in Saint Louis County circuit court. It looks like that form is for criminal, not civil charges, so I'm feeling a bit in the dark.
Missouri court is very not helpful.
I told them that the Virginia court said that there is no proof of service and certainly no actual connection to me. All there are are some receipts from lowe's and home depot and contracter work totalling to $8,700 for the repairs to whatever property was damaged.
I asked them what form I needed to file to get it vacated and they told me to contact a lawyer. I've spent all morning trying to find someone who will give me free legal advice and they all told me they require a retainer first in garnishment cases.
Why should I have to pay $2500 to prove that something isn't me when they never proved that it WAS me?!
@Anonymous wrote:Missouri court is very not helpful.
I told them that the Virginia court said that there is no proof of service and certainly no actual connection to me. All there are are some receipts from lowe's and home depot and contracter work totalling to $8,700 for the repairs to whatever property was damaged.
I asked them what form I needed to file to get it vacated and they told me to contact a lawyer. I've spent all morning trying to find someone who will give me free legal advice and they all told me they require a retainer first in garnishment cases.
Why should I have to pay $2500 to prove that something isn't me when they never proved that it WAS me?!
Have you tried a legal aide society? Often times they will take reduced fees or provide pro bono for different situations, sometimes even abusive debt collection type things. It's worth a shot and might save you some money. This seems pretty straight forward given the circumstances
@Anonymous wrote:
@Anonymous wrote:Missouri court is very not helpful.
I told them that the Virginia court said that there is no proof of service and certainly no actual connection to me. All there are are some receipts from lowe's and home depot and contracter work totalling to $8,700 for the repairs to whatever property was damaged.
I asked them what form I needed to file to get it vacated and they told me to contact a lawyer. I've spent all morning trying to find someone who will give me free legal advice and they all told me they require a retainer first in garnishment cases.
Why should I have to pay $2500 to prove that something isn't me when they never proved that it WAS me?!
Have you tried a legal aide society? Often times they will take reduced fees or provide pro bono for different situations, sometimes even abusive debt collection type things. It's worth a shot and might save you some money. This seems pretty straight forward given the circumstances
I did, I was told that since the case is now a garnishment case and not the original property damage case that none of them would handle it. I called all of them.
@Aduke1122 wrote:
So sorry I can't comprehend this happening , I hate how it's up to the person who is being sued to seek answers . Could they have your ssn and name confused maybe ?
According to the VA court where the lawsuit originated, there is no SSN/DOB on anything they originally filed.
The last 4 of my SSN IS on the writ of garnishment filed with the court.
The VA court said that they claim to have hired a private party to serve me and marked that the service was personal at my place of employment in California. I worked on a gated campus that requires you to check in to enter. There is no record of anyone visiting me at any point, let alone to serve me with a lawsuit. My employer also would have notified me if they were served on my behalf. It is a top 100 company to work for, and they are an amazing company that will go above and beyond for their employees. They would never have let anything of this nature slip through the cracks.
I assume this same private party found the last 4 of my social as well.
How did they go from having 0 identifying information to having the last 4 of my SSN? Shady much?
I have been considering changing my name because of personal issues with my father for a long time, I think this is the final nail in the name-so-common-it-is-destroying-my-life coffin.