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-   -   My judgment was vacated and have a trial call (https://www.askmehelpdesk.com/showthread.php?t=652262)

  • Apr 18, 2012, 11:21 PM
    krunchykari
    My judgment was vacated and have a trial call
    The judge granted my motion to vacate a (wage garnishment) judgment against for improper service. I never lived at the address the collection agency's affidavit stated.

    I then received a court date which they called a trial call. I requested more information from the collection agency via their lawyers after the original judgement was vacated but they refused and said that's what the new court date was for. I did not recognize the debt or collection agency and still don't.
    The new court date is in a month and I'm unsure if I send a request for proof of debt to the lawyer's office or file motion to discovery.

    I live in Illinois and the account in question is from 2000. The judgement to garnish my wages was filed in 2006--my understanding is if this judgement was vacated the contract is past the statute of limitation, which is ten years?

    Can anyone advise on how to proceed?
  • Apr 19, 2012, 03:24 AM
    ScottGem
    Quote:

    Originally Posted by krunchykari View Post
    I live in Illinois and the account in question is from 2000. The judgement to garnish my wages was filed in 2006--my understanding is if this judgement was vacated the contract is past the statute of limitation, which is ten years?

    Your understanding is erroneous. Statute of Limitations laws refer to the time within which legal action must be started. As soon as the original suit was filed, the clock stopped. Vacating the judgment doesn't restart the clock or change that. So an SOL defense is out.

    I would work on discovery. Depending on what level of court this is, send a letter to the plaintiff with a copy to the court, asking that they provide proof this debt is yours. If they refuse or don't respond within a week, ask the court clerk how to file a motion for discovery.

    You still may not get anything, but when you go for the hearing, you tell the judge that you do not believe the debt is yours and ask that the plaintiff produce documentation of the debt.
  • Apr 19, 2012, 07:51 AM
    AK lawyer
    Quote:

    Originally Posted by krunchykari View Post
    ...
    I then received a court date which they called a trial call. ...

    Depending on local practice, this might mean an actual trial, or a hearing at which the judge determines if the case is going to trial, and if so, when. A trial date setting conference, in other wiords. Check with the clerk of court for clarification.

    If your discovery isn't complete, you should be entitled to a postponement.
  • Apr 19, 2012, 08:02 AM
    Fr_Chuck
    Please stop calling and asking the enemy what anything means, they are not there to help you and without proof could or may even lie to you to help them win.

    Either hire your own attorney or try talking to a court. If they actually show up for court ( often they don't) they will have attorneys in court, so in court they will have you at a disadvange if you don't know the law.

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