Ask Experts Questions for FREE Help !
Ask
    jai2g's Avatar
    jai2g Posts: 3, Reputation: 1
    New Member
     
    #1

    Apr 10, 2010, 06:33 AM
    Motion to vacate default judgment Georgia
    I was sued by Rome Finance company in 2007, they won a default judgment. I didn't find out until earlier this year when they started garnishing my check for 700 dollars a month. This company never gave me any money or credit. When I was in the Army I signed up for this program where they would supply me with unlimited film for a lifetime and by signing up I would receive a free computer. I never got the film I did receive the computer. Being that this was back in 2002 I don't have any documents showing how much money I paid them. The State of TN. Sued this company for targeting soldiers and running a scam, they won a judgment against them. But since I was in Ga and not TN I didn't fall under that suit. Any advice is welcomed thanks
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Apr 10, 2010, 07:24 AM

    Were you aware of the suit? Did you receive a summons and not show up?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #3

    Apr 10, 2010, 09:27 AM
    Quote Originally Posted by jai2g View Post
    ... When I was in the Army I signed up for this program where they would supply me with unlimited film for a lifetime and by signing up I would receive a free computer. I never got the film I did receive the computer. ...
    I don't see how you would have any liability here. Does this incident have any relationship to the default judgment?

    As ScottGemm asked, were you served with process? Contact the clerk of court and see what proof of service was filed.
    jai2g's Avatar
    jai2g Posts: 3, Reputation: 1
    New Member
     
    #4

    Apr 10, 2010, 01:34 PM

    They went to my mother house in Fl. And gave her the paperwork. She didn't sign for it but it was left with her. She didn't inform me that it was a summons for court. I went to the court where the case was held and they informed me that since my mother took the paperwork it is just like they served me.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    Apr 10, 2010, 01:56 PM

    She accepted the summons and, by doing so, assumed the responsibility for informing you of it. Which means you have no grounds for vacating. You can try using the grounds that this was a fraudulent transaction, but not sure if it will work.

    If you feel you have already paid them what you owe, you can counter sue for the difference.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #6

    Apr 10, 2010, 02:24 PM

    There judgement is legal and binding at this point, since they are still in business it appears the state law suit did not shut them down and was not criminal.
    jai2g's Avatar
    jai2g Posts: 3, Reputation: 1
    New Member
     
    #7

    Apr 12, 2010, 09:05 AM

    I guess I will have to try a counter sue. They are still in business but they filed bankruptcy.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #8

    Apr 12, 2010, 03:37 PM
    Quote Originally Posted by jai2g View Post
    I guess I will have to try a counter sue. They are still in business but they filed bankruptcy.
    No. You had better not try that, at least without an attorney. If they filed bankruptcy, suing them is generally stayed (i.e.: you are prohibited from doing it). It's called the "automatic stay ". You could get in serious trouble for doing that.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Motion To Vacate Default Judgment [ 6 Answers ]

Can anyone tell me if there is a time limitation in Miami Dade County, Florida to File a Motion to Vacate Default Judgment? I am attempting to file one for Lack of Service (I have never been served!) on a Default Judgment entered in 09/2001, however, I read somewhere that in the state of...

Vacate a judgment in Georgia [ 4 Answers ]

What time frame do I have to file a motion to vacate a decision for disspossery when all monies were paid prior to court date. The apartment personnel indicated that if payment was received prior to date, 'they' would 'cancel' the order. I am attempting to have it removed from my credit report;...

Motion to vacate default judgment [ 21 Answers ]

What is the time limit to file a motion to vacate default judgment in GA, FL, and VA?

How to oppose defendant's motion in CA to vacate the default judgment [ 1 Answers ]

As a plaintiff in pro per in CA, I was granted a default judgment. The defenfant then hired an attorney and filed a motion to vacate the default judgment with a hearing date coming soon. What do I need to do (or forms to use) to file my intent to appear to oppose the motion? And when?


View more questions Search