View Full Version : Motion to vacate default judgment Georgia
jai2g
Apr 10, 2010, 06:33 AM
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
Apr 10, 2010, 07:24 AM
Were you aware of the suit? Did you receive a summons and not show up?
AK lawyer
Apr 10, 2010, 09:27 AM
... 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
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
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
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
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
Apr 12, 2010, 03:37 PM
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 (http://www.law.cornell.edu/uscode/html/uscode11/usc_sec_11_00000362----000-.html)". You could get in serious trouble for doing that.