I have an old debt from 12 years ago for a credit card with Fl Usa Bank. Throughout the years I tried several times to dispute these charges. I was recently sent a Writ of Garnishment from the debt collectors Attorneys and my Bank Account was frozen. It seems that credit card was bought over by Chase JP Morgan, and my bank account has also been bought over recently by Chase (formerly Washington Mutual). I have a lawyer and through him found out that they say I was served at an address where I didn't live at the time Feb. 2005. I have proof that I lived somewhere else. I have deposit from power & light company for Dec.2, 2004, check of deposit and first months rent dated 12-6-2004, etc. I have my credit reports throughout years that shows I disputed amount and a dispute response from 2003. I received the paperwork in the mail, and was shocked I never received notice of a judgement or court hearing! I went to the court next day and filed an exemption of Head of Household, I have 3 children and do not receive $ for their support. I lost my job beginning of this month and am a single parent. The money I had in the accounts was put aside because I live in a house that belongs to my mother which we have been trying to fight foreclosure on and that money was put aside as the rent for her. (in case we can keep the house) Do you think I have a chance to have this 1997 debt dropped? Thanks in advance. :(

If you have proof that you were never served a summons, because it was never delivered to you, because you didn't live where the summons was served, you might be able to re-open the cae, or have the judgment reversed. You can claim improper service of the summons. Did you ever get a copy of the judgment they obtained? If your state has it, you may be able to look up your cae file summary online. You need either the Case #, or your name and county of residence.

Also, when was your last payment on this debt? If the payment was beyong the statute of limitations, the day the summons was sent, you might be able to argue that the SOL expired on that debt. Look here to find out your SOL: Debt collection statute of limitations listed by state (http://www.fair-debt-collection.com/SOL-by-State.html#10)

You have a lawyer, what does your lawyer say regarding your questions?

Thank you for your help. I went to court today and my lawyer took my proof, and it seems they couldn't locate the judgement or any paperwork on their end. The judge granted me a dissolution of writ and I will have the writ reversed within 48 hrs. from my bank. I do have to go back to court once someone can find something regarding my case, but they think its too old to collect on. The chart might be destroyed by now.