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    dkekic's Avatar
    dkekic Posts: 1, Reputation: 1
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    #1

    Dec 2, 2015, 05:01 PM
    I've Been Wrongfully Sued. How Do I Fix This?
    In 1998 I acquired a Sears card. I had the card about a year and fell behind on the payments. After some time went by, I let the card be cancelled and the debt went into collection around 1999 or 2000. Around that time I was living in Lorain County. By the end of 2001, I had moved one more time to West Cleveland, then joined the Navy. I was in the navy Until 2007. I had not received any notification from the creditor nor the collection agency. I had reviewed by credit report in 2008 and seen that the Sears card was no longer on my report and left it at that. January of 2009, A lawsuit was brought up on me in the Elyria Circuit Court by the law firm Javitch Block and Rathbone. I was being sued for the amount os $2539.91. Accourding to the court docket, the law firm sent a registered letter to my "last known address". First off, the last known address they sent it to was an address I had not lived at for almost 10 years. Secondly, the address that the certified letter was sent to does NOT exist. The next corrispondence was sent in February of 2009 as alias ordinary mail to the aformetioned incorrect address. Once again, I did not receive the notice for two reasons, I did not live there and the address doesn't exist. In March the law firm filed notice of service. The next month the law firm filed a motion for default. Still no notification from anyone. Please note, all the while this was taking place I lived in Cleveland and worked at Babies R Us. So after April of 2009, a motion for default judgement was set. In June of 2009, the magistrate awarded Javitch Block and Rathbone a default judgement in the amount of $2539.19 plus court costs and a 5%intrest per annum. Also, An motion to garnesh my wages was set in place and I was not notified of this either. The court docket states the certified mail was sent to Toys R US in NJ, signed for and returned. I never received any of this information. My wages where garnished twice while I worked for Toys R Us and I left the company in August of 2010. I have not received any more correspondence from Javitch Block and Rathbone, but the legal note just showed up on my credit report a couple of days ago. So after all this, my question is was I sued wrongfully and if so How do I get this letter removed and have the court over rule the jugdement against me?
    joypulv's Avatar
    joypulv Posts: 21,593, Reputation: 2941
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    #2

    Dec 2, 2015, 05:59 PM
    You were not sued wrongfully. They attempted to notify you correctly. Not sure why you expect Sears or the law firm to know all the places you have lived. You knew they had a judgment because your wages were garnished more than 10 years after the debt was incurred.

    You can try to file a motion to dismiss based on the non-existent address, but you had moved anyway without notifying anyone involved, so the court isn't going to look kindly on your plea.

    Many debts that were treated lightly before the recession of 2008 were all scrambled to get back after that. You are not alone.

    You owe a debt, a judgment was ruled, and once ruled, there is no SOL. Interest will pile on. You might as well contact the law firm about a compromise, if they are willing.
    ma0641's Avatar
    ma0641 Posts: 15,681, Reputation: 1012
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    #3

    Dec 2, 2015, 06:13 PM
    "After some time went by, I let the card be cancelled and the debt went into collection around 1999 or 2000". Why is it wrongful, you owed the debt, someone bought it and filed to get paid? You knew you owed the debt.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Dec 2, 2015, 07:29 PM
    Let me try to explain this. You were not wrongfully sued. Since the Statute of Limitations in Ohio for credit card debt is 8 years it would appear they got the judgment just in time (note the time goes from the last activity which could be when it was charged off). Also, you would not have been informed of the garnishment until your company started deducting the payments.

    But there is a slight kicker here. It appears they knew where you worked so they should have known where you lived. You might have been able to get the judgment vacated on the grounds of improper service IF you had fought it when you first knew about it. Its now more than 5 years later so I doubt if that option is available any longer.

    Bottom line is you incurred a debt and you defaulted on that debt. Why do you think it is wrongful for them to try to collect this debt?
    smoothy's Avatar
    smoothy Posts: 25,495, Reputation: 2853
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    #5

    Dec 2, 2015, 08:24 PM
    I agree with the others... everything was legal.. it WAS your debt and you never did anything about it for a LOT of years. Would have been a lot cheaper if you had just paid it a long time ago. But they can keep renewing that Writ of Garnishment and even get it from your estate before your Heirs can get a dime.

    Its not that much money...pay it and get it off your back..that interest will continue to grow otherwise.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7691
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    #6

    Dec 2, 2015, 11:57 PM
    Once you were garnished, at that point, did you contact the law firm, give them any corrected address?

    Why did you abandon the debt, and not notify them of your address and try to work out a payment plan.

    I will agree, if at the time of the first garnishment, you had fought it, on grounds of improper service (if they had any way of knowing where you lived) but if the address they had was one you used with them, that may be the legal address for the filing.

    In this case at this point, do not see anything wrong with this.

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