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judgement vacate question...urgent help needed!!

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rose214
New Contributor

judgement vacate question...urgent help needed!!

I have a default judgement that was placed on me that I was never served a summons for. The info on the summons shows someone by the name of Kaitlyn was who rec'd it when it was delivered to MY home address. There is no one living here by that name, its just me and my boyfriend. is this grounds to file for a motion to vacate?

Starting Score 4/3/13 : FICO 612 TU (FAKO)--642 EX (FAKO) - 497 Equifax (FICO) 593
Current Score6/28/13 EX(FAKO) 602, EQuifax (FICO) 615, TU(FICO) 642 EX-(FICO) 657
Goal Score : 700+
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guiness56
Epic Contributor

Re: judgement vacate question...urgent help needed!!

Yes, probably.  Contact the court clerk and have them send you everything they have on the judgment.  Find out when, where and who was served and signed for it.

 

It is possible to have it vacated based on improper service.

 

Is the judgment creditor someone you had credit with?

Message 2 of 4
rose214
New Contributor

Re: judgement vacate question...urgent help needed!!


@guiness56 wrote:

Yes, probably.  Contact the court clerk and have them send you everything they have on the judgment.  Find out when, where and who was served and signed for it.

 

It is possible to have it vacated based on improper service.

 

Is the judgment creditor someone you had credit with?


I have all the documents from the court. The first summons showed it was delivered to me one evening to my old address the end of last year, but I never got it and it doesn't have a signature. The last summons was the default judgement summons for garnishment that says someone else's name for who signed for it. shows delivered to my new address on 4/4/13 but like I said there's no one there by that name and I know all of my neighbors they would have given me it if they had rec'd it and none of them have that name either.

yes the judgment creditor is someone i had a CC through from 2009, the collection agency just sent it to the civil judgement part last year from what I'm finding out.

 

Starting Score 4/3/13 : FICO 612 TU (FAKO)--642 EX (FAKO) - 497 Equifax (FICO) 593
Current Score6/28/13 EX(FAKO) 602, EQuifax (FICO) 615, TU(FICO) 642 EX-(FICO) 657
Goal Score : 700+
Message 3 of 4
guiness56
Epic Contributor

Re: judgement vacate question...urgent help needed!!

You will need to go to the court house and file a motion to vacate based on improper service.

 

There would have to be a default judgment and a separate writ of garnishment.  They aren't the same things.

Message 4 of 4
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