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Judgment, DV, What are my options?

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Anonymous
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Judgment, DV, What are my options?

Midland Credit Mgt. got a default judgment against me back in December 2006. It was within SOL. I was never served notice of the judgment, therefore did not show up in court, hence the default judgment.
 
I saw the judgment on my CR when I checked it early this year.
 
I DV'd Midland, and they did not respond within 30 days (I'm in TX), and when they finally did respond, all they sent me was statements from the credit card account they allegedly purchased from the OC (Aspire Visa).
 
I am trying to buy a house, therefore I need to get this resolved ASAP.
 
Can I get this judgment vacated on the basis of improper service AND inadequate debt validation? How would I go about doing this?
 
Thanks in advance for your help.
Message 1 of 10
9 REPLIES 9
Anonymous
Not applicable

Re: Judgment, DV, What are my options?

Go to the courthouse and obtain a copy of the judgment and court records. While you are there ask what is considered "proper service".
 
The papers should show if/how you were served or "allegedly served".
 
If, according the the law, you were not properly served, you can file a motion to vacate due to improper service.
Message 2 of 10
Anonymous
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Re: Judgment, DV, What are my options?

Done that. They have an affidavit that states I was served in person on January 1, 2007. No one was home that day, as we were out of town for the holidays, so I know I didn't get it, but since they have that sworn affidavit, there's not much I can do to prove it wasn't given to me. Only my word that we weren't home and that I never received it.
 
It seems like a lost cause...
Message 3 of 10
Anonymous
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Re: Judgment, DV, What are my options?



abc1121 wrote:
Done that. They have an affidavit that states I was served in person on January 1, 2007. No one was home that day, as we were out of town for the holidays, so I know I didn't get it, but since they have that sworn affidavit, there's not much I can do to prove it wasn't given to me. Only my word that we weren't home and that I never received it.
 
It seems like a lost cause...


 
 
What is considered "proper service" in your jurisdiction?
 
Process servers have been found to "not tell the whole truth" in those affidavits.
 
In some places, just leaving the summons on a person's door is not proper service.

 


Message Edited by sidewinder on 07-22-2008 09:19 AM
Message 4 of 10
Anonymous
Not applicable

Re: Judgment, DV, What are my options?

I didn't ask about proper service at the court. I did contact the Process Service company, and they stated they "don't require signatures" when they serve.
 
.......Anyone here happen to know where I could find out what constitutes "proper service" in Travis County, TX?
Message 5 of 10
Anonymous
Not applicable

Re: Judgment, DV, What are my options?



abc1121 wrote:
 
 
.......Anyone here happen to know where I could find out what constitutes "proper service" in Travis County, TX?


The court house or you may try google.
Message 6 of 10
Anonymous
Not applicable

Re: Judgment, DV, What are my options?

Ok... done a little research, and it seems that there is nothing in Texas Civil Procedure law that states they need my signature. It states it must be delivered in person, and since there is a sworn affidavit stating they did that, I don't think I have much of a chance there.
 
On the other hand... I did notice something about the SOL dates, and I have a question. My DOFD was May 2003 on the OC. Midland filed the judgment in December 2006, supposedly had me served in January 2007, but my credit reports (all 3) say the judgment was filed May 14, 2007. The court document I have actually states June 14, 2007. So that's all so wierd and confusing.
 
So, if my SOL would have been out in May 2007, did they pass it? Or, since they initiated the judgment in December 2006, does that make it legit within the SOL limits?
Message 7 of 10
Anonymous
Not applicable

Re: Judgment, DV, What are my options?



abc1121 wrote:
 Or, since they initiated the judgment in December 2006, does that make it legit within the SOL limits?


Yes
Message 8 of 10
GettingBetter66
New Contributor

Re: Judgment, DV, What are my options?

Midland is a really nasty company!  Make sure to check the date the account was opened and the date they say they started reporting to the CB's.  Midland reported I opened an account in 2006, but that they had been reporting on it since 2005.  I hope this will be enough to get it removed from my reports because they are one of the last three I have to get taken take care of at all 3 CB's.
Message 9 of 10
Anonymous
Not applicable

Re: Judgment, DV, What are my options?

I would call the courthouse and find out for sure if it was properly served.
 
I don't know a lot about judgments and being served.
 
I found the following and I am unclear on whether "in person" means the server delivering it in person or delivery to the defendant "in person".
 

Rule 106. Method of Service

  • Unless the citation or an order of the court otherwise directs, the citation shall be served by any person authorized by Rule 103 by
    1. delivering to the defendant, in person, a true copy of the citation with the date of delivery endorsed thereon with a copy of the petition attached thereto, or
    2. mailing to the defendant by registered or certified mail, return receipt requested, a true copy of the citation with a copy of the petition attached thereto.
  • Upon motion supported by affidavit stating the location of the defendant ’s usual place of business or usual place of abode or other place where the defendant can probably be found and stating specifically the facts showing that service has been attempted under either (a)(I) or (a)(2) at the location named in such affidavit but has not been successful, the court may authorize service
  • (1) by leaving a true cope of the citation, with a copy of the petition attached, with anyone over sixteen years of age at the location specified in such affidavit, or
  • (2) in any other manner that the affidavit or other evidence before the court shows will be reasonably effective to give the defendant notice of the suit. (Amended Aug. 18, 1947, eff. Dec. 31, 1947; July 22, 1975, eff. Jan. 1, 1976; July 11, 1977, eff. Jan. 1, 1978, June 10, 1980, eff. Jan. 1, 1981; July 15, 1987, eff. Jan. 1, 1988; April 24, 1990, eff. Sept. 1, 1990.)
Message 10 of 10
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