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Need Advice on Judgements.. Incorrect?

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Anonymous
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Need Advice on Judgements.. Incorrect?

When judgement shows date filed on CR is this the same date as date filed for judgement?
 
One of them for $8100
RY- AFTER VARIOUS ATTEMPTS TO SERVE THE DEF DEF HAS NOT MADE THEMSELVES AVAIL (Well I did not know about judgement because I was living in another state going to school, so I was never served.  Yes, I was making payments to attorney CA before it when to judgement, but stopped because, no job, no money.  So, I guess he tried to file judgement but he knew I was in another state because I had made payments from school address)
 
Court shows filed 11/07/05  CR shows filed 2/2004
 
DISMISSED WITHOUT PREJUDICE
The status is showing closed.  WoW!  Thank you Jesus!
Still shows on CRs.
 
So, can I dispute this to come off of my CRs? 
 
Another one for $2800
CERTIFICATE OF SERVICE  DEF SERVED ON 2-16-05
I was never served because I was not in the state; in school in another state in 02/05
My checking account was garnished for less than $100 in April 2005
 
Court shows filed 9/8/03  CR shows filed 12/2004
 
Can I dispute that I was never served and maybe date filed incorrect date?
 
I am going to request hard copies from court next week in person.
 
 
Message 1 of 6
5 REPLIES 5
Anonymous
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Re: Need Advice on Judgements.. Incorrect?



CruiseLady2008 wrote:
When judgement shows date filed on CR is this the same date as date filed for judgement?
 
One of them for $8100
RY- AFTER VARIOUS ATTEMPTS TO SERVE THE DEF DEF HAS NOT MADE THEMSELVES AVAIL (Well I did not know about judgement because I was living in another state going to school, so I was never served.  Yes, I was making payments to attorney CA before it when to judgement, but stopped because, no job, no money.  So, I guess he tried to file judgement but he knew I was in another state because I had made payments from school address)
 
Court shows filed 11/07/05  CR shows filed 2/2004
 
DISMISSED WITHOUT PREJUDICE
The status is showing closed.  WoW!  Thank you Jesus!
Still shows on CRs.
 
So, can I dispute this to come off of my CRs? 
 
Another one for $2800
CERTIFICATE OF SERVICE  DEF SERVED ON 2-16-05
I was never served because I was not in the state; in school in another state in 02/05
My checking account was garnished for less than $100 in April 2005
 
Court shows filed 9/8/03  CR shows filed 12/2004
 
Can I dispute that I was never served and maybe date filed incorrect date?
 
I am going to request hard copies from court next week in person.
 
 


What is your SOL on both of these?   You do not want to dispute unless you are past SOL or they could file again.
 
First get the court papers........I am not a lawyer so when it says with or without prejudice means 1 that they can refile & the other means that they can NOT. I do not remember which is which. You can ask at the courthouse.   If what it says is they can not refile.....dispute it with all CRAs that is reporting it....it should not be on your CR.
 
The second one....find out state law on service......make sure that you tell them (courthouse) that you were out of state when this happened....it might matter.
 
Keep in mind that some states toll the SOL when you are out of state.
 

 
Message 2 of 6
Anonymous
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Re: Need Advice on Judgements.. Incorrect?

 
Thanks for replying.  Would the SOL for judgement be determined from when they filed or the debt SOL, for instance these are credit cards?  Would it be the same as DOFD/DOLA?  How can I determine this?
 
Thanks. 
Message 3 of 6
Anonymous
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Re: Need Advice on Judgements.. Incorrect?

Any idea about judgement SOL?
Message 4 of 6
Anonymous
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Re: Need Advice on Judgements.. Incorrect?

If these judgments were dismissed......in order to refile you must be within SOL.......this goes from DOFD in most states.......or you might have reset SOL by making payment.
Message 5 of 6
Anonymous
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Re: Need Advice on Judgements.. Incorrect?

If you were never served correctly file a "motion to vacate". Thats what we did and got it vacated.
Message 6 of 6
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