A court officer and sheriff came to my house and impounded my vehicle because of a court order from a debt collector suing me. I never knew about this because they used my address from 12 years ago for all the court papers. The got the credit card 7 years ago so my old address would have never been used. I printed a credit report and the debt collector ran a credit check on me 2-1-12. Then on 2-8-12 they filed the suit against me with the wrong address. Is this legal? And do I have a action I can take against the debt collector?

So you have never been to court and your car is already gone?

For them to get a sheriff to seize your assets they had to get a judgment. They probably got a default judgment since you never responded. When the sheriff came they had to give you a copy of the judgment. That copy will list the court that issued it and the docket # of the case.

Monday morning go to court and file a motion to vacate the judgment and have your property returned on the grounds of improper service. Given the facts, you should get it.

Now this is only a delaying tactic. Before you leave the courthouse they will properly serve you and you will need to go to court to deal with the suit.

Yes

Thanks

You might even be able to sue them since I think you can prove that they willfully used an old and incorrect address to file with.

Invalid service is a grounds to set aside a judgment. One of the few.

Quote:

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Originally Posted by bbost

Invalid service is a grounds to set aside a judgment. One of the few.

See _______ for more.

B

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