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-   -   Judgement in Georgia - Identity Theft (https://www.askmehelpdesk.com/showthread.php?t=173806)

  • Jan 18, 2008, 08:39 AM
    needhelp13
    Judgement in Georgia - Identity Theft
    I am a victim of identity theft. Recently, I received a letter stating a default judgement was entered against me. I called the court, they told me to call the attorney for the creditor. The attorney said if I received the letter, it was sent to the same address I was served at.

    I was NEVER served. In addition, I disputed the original charges with the credit bureaus and they accounts were deleted from my credit report (of course, they couldn't provide proof the accounts were mine). The judgements remains.

    There are 2 judgements from the same company (Asset Acceptance, LLC). I have a copy of my police report and have placed fraud alerts on my credit reports with all three bureaus.

    How can I get these judgements removed? I'm getting the run around from the court and the creditors attorney. This is very stressful and hurting my credit. My insurance rates have risen because of this and I suspect I was turned down for a job based on my credit report.

    Thank you!
  • Jan 18, 2008, 08:56 AM
    ScottGem
    Go to the court and submit a motion to vacate the judgements on the grounds of improper service. When you get a hearing on the motion,the plaintiff will have to prove service. You can also enter your defense of identity theft. The judge may require a separate retrial on the suit for that defense.
  • Jan 18, 2008, 08:59 AM
    George_1950
    I would go to the clerk's office where the complaint and judgement are located. Ask for the file and locate the summons and return of service. It should indicate who and where the summons was served. Make a copy for your records; you might even spend a few bucks and get the entire file 'certified'. Then go to the judge's office that signed the default judgement and ask to speak to him. Be respectful and see how he reacts. The reason for getting the certified copy is that you may have to hire an attorney; this will save you from having to pay for the additional legwork you have already done.

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