@Anonymous wrote:
I currenly have (2) Judgements on my C/R both as a result of default. I was not served on one of the judgements and the second was received at the address of my mother which she signed for. She did not notify me until after the court date.
The first judgement date was 9/2003 (O/C Providian Financial credit card ) original amount $1,768.00 current total is $2,764.39 no action after judgement. The second, date of judgement 10/2006 (O/C Providian Financial credit card) original amount $1,561.98 current total $4,071.44 (currently threatening wage garnishment. I really want to get these vacated but I do not know if I have a valid defense for not showing or it has been to long. Can I ask for DV, post judgement? or will they laugh at me. I am trying to gather as much information as I can about these debts, it seems that they may have been sold several times to different c/a's. A collection attorney acting on behalf of the new debt owner was awarded the judgement.
Any advice on this matter woul be helpful...Thanks
First of all, you can always file a motion to vacate ... what's variable is whether or not it will work. For the first, it SHOULD work. But you may need to prove that you weren't served. Before the plaintiff can proceed, service HAS to be made. Meaning, they told the courts that it WAS made. So you will have to disprove that.
For the second, it MIGHT work if you can prove that due diligence wasn't made. If they just snagged a name close to yours on the chances that the person service was actually delivered to was related to you, you've got a good shot, IMO. If not ... well, just say that this particular nut will be harder to crack.
FTR, if you file a motion to vacate, the plaintiff has 30 days to answer. If you've paid them off, chances are better that they'll just drop it (and therefore, it will come off your reports). If they're unpaid, I'm pretty sure they'll either fight you tooth and nail OR re-file against you.
Even if you successfully have it vacated, they can STILL re-file against you as simply vacating the judgment merely dismisses the case without prejudice (meaning, the court "finds" for neither of you so either of you still have legal remedy).
Another basis you can file motion on is SoL. If the debt was out of SoL when they filed, you can have the judgment vacated (in some states, each one varies, of course) on the basis that they "lost their bite at the apple" due to the age of the debt.
Whether you can file yourself or must hire an atty will also depend on the state you reside in (or the state in which the judgment originates). Some states are "self-help" friendly, some aren't and make you retain the services of an atty.
