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    tammyb510's Avatar
    tammyb510 Posts: 1, Reputation: 1
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    #1

    Feb 27, 2011, 01:11 AM
    Vacating a judgment?
    I recently received a copy of a court date to garnish my wages from an unpaid judgment back in 2002. I was unaware of even owing this debt until I received these papers. I called the collection agency who informed me that they had my signature on a court document. I asked they send me all documents regarding the debt. They complied with my request within a couple of days.

    When I received a copy of the "agreement" that I supposedly signed I realized the reason why I didn't remember any of this was because it wasn't my signature on the document. At the top of the court order one of the names under DEFENDANT had been crossed out with a marker (My ex-wife's name). At the top of the actual court order it states, "this is an attempt to collect a debt. And information obtained will be used for that purpose."

    Looking further into it I realized the totals of all of the bills do not add up to the amount of the judgment, several of the medical bills state that I wasn't insured at the time (I was definitely insured at the time) and several of them are in my ex-wife's name.

    In the collection agency's own notes the last entry states that they attempted to serve a collection letter on me at two addresses and couldn't locate me. So how could they have possibly sent me an agreement, or served me with court papers?

    Either away I definitely didn't sign this "agreement" that was presented to the judge in 2002 and now is a signed order. Can I overturn this judgment.
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Feb 27, 2011, 05:33 AM

    If you feel that your judgment is not fair for whatever reason, filing to vacate a judgment is quite normal.

    Here is an article from EzineArticles.com that explains the why and how to do this. I always find excellent information from Ezine.

    Collection Agencies fly by the seat of their pants most times; they don't always follow proper procedure, make mistakes, just want the money and out.

    Ezinearticles.com › Finance › Credit

    Edit: looks like you will have to cut and paste, sorry, link didn't work properly.

    Tick

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