Re: Fair Collection
s & Outsourcin g
09-12-2009 05:50 AM
Oh man i have dealt with them, trust me do everything you can so they dont take you to court. I was taken to court when i was on deployment and now im still fighting them after 4 years to vacate the judment. Its illegal to take a person to court and enter a default judment on them if they cannot physically show up or even know they are being summoned especially if they are on military orders.
Anyways good luck, Im fed up with these guys i am about to get an attorney.
What makes your situation illegal is the fact that you are in the military. They should have filed an affidavit affirming you are not in the military. If they can not do that they can not file suit against you. You need to see your JAG.
People file suits all the time and get default judgments. It is not illegal.
The SSCRA, contrary to popular belief, does not mean you cannot be sued and have a judgment entered against you.
Once you are served, the servicemember needs to a) bring to the attention to the court that they are unavailable because of military duty and b) have their commanding officer or unit SJA (JAG) write a letter to the court stating that they are unavailable. Simply because one is on active duty and, if applicable, deployed does not mean you are unavailable. Your command must state a military necessity and not simply that you have no leave time coming to you or choose not to take leave. If you get the court's attention, the SSCRA mandates up to a three month delay of any process against you.
Your creditor does not have to prove you are on active duty. They simply file an affidavit stating that to the best of their belief, you are not an active duty military member. That they should have known makes no difference. Technically, you must prove that they knew and chose to mislead the court.
Courts have wide latiitude in how to handle this issue and some may go the extra mile in recognition of your military service. But they do not have to. It is always worth trying to get the judgment vacated even though you were personally served and failed to raise the SSCRA and / or have no proof that the creditor knew you were subject to protection of the SSCRA. Sometimes judges are suckers for a guy in uniform.