[blkeyedszn]

I was recently contact by a CA about a default judgment currently valued at $5000 (including 6 years interest). Here's the rub. I truly never knew this judgement existed. I have spent the last year trying to repair my credit and check my CR weekly and this judgement has never showed up on my report. I was never served or sent a certified letter. I asked the CA how it was fair that I could be sued with no chance to defend myself, get a default judgement because I never knew of a court date, and have have money that I owe collect interest for 6 years without me ever knowing that it existed. He told me that it was my responsibility to know that I owed the money and that all they had to do legally was send a notice of my being sued to the last known address that was on file. Here are some things I have questions on. I will list some facts that I know about the account and then I have some questions about what my rights are and how to proceed.

The account I was sued for was open from 1995-1999 according to the CA

The default judgement happened in Dec. 2002 (again this info came from the CA)

The CA told me that the statue of limitations in my state (Wisconsin) is 20 years. I moved to WI from California about 7 years ago. The judgement shows up in San Diego Circuit Courts, but not in Wisconsin's. He told me the 20 year statute of limitations applies because I was living in Wisconsin at the time of the judgement, even though it shows up in SD Circuit Court.

I really, truly, honestly, swear on my mom, didn't know a thing about this until the CA called me.

I have questions are about my rights in all of this. I was always under the impression that if you are being sued for something you have to be made aware of it. The CA tells me that sending a letter to my last known address was sufficient. Is that true? Also, he tells me that the statute of limitations on the judgement is 20 years because I lived in Wisconsin at the time I was being sued. Is that correct even if the judgement shows up in San Diego, CA circuit courts?

They are talking about garnishing my wages. They know where I work because my boss (who also happens to be my father) told me that they called him. I think they are pretty serious about garnishing my wages, but who knows. I had been avoiding the CA calls for about a month because I didn't know how to deal with this. I stupidly answered the phone today and they told me that I can set up a payment schedule of $295/mo for 18 months. I would be OK with doing that except for the fact that they told me I can only do that if I give them my secured checking or savings account info and I'm not comfortable with doing that.

I know there are some very knowledgeable people on these boards and I am pleading for your help. I have searched for info on my own, but quickly get overwhelmed by the legal speak and am hoping that someone can tell me in plain english what my rights are. Do I even have any rights?

Thanks!

[shayne54]

Check into having the judgement "vacated" for not having been served. This should be a slam dunk win for you. Research vacate a judgment.