[Help31010]

I have 3 default judgements on my credit from Midland Funding LLC, Mel S Harris law firm, and Pinpoint Tech LLC. They were all filed in NY after I already moved to NJ. I did some calling and was told one of these is for Emerge credit card which I never had or heard of and another from a card opened at Providian bank in 1999 and was charged off in 2007. That card had $200 credit limit and I have a judgement against me for $4,995. When I called the attorney listed on one of these they told me they even had a description of the person they served: a Caucasian woman with black hair 130-160 lbs about 5'4 tall. Myself, my entire family, and everyone in that neighborhood at my old address is african-american, and no one in my family is or has even been that small. What can I do about these judgements? Thanks.

[ScottGem]

You file motions to vacate the judgments on the grounds of improper service. You will have to file with the courts that issued the judgments. A hearing should be granted during which you challenge the service. Hopefully, the court then vacates the judgments at which point you will be served properly.

Note it is not impossible for an account to grow exponentially with interest and fees. Note also that a charge off has not impact on whether you owe the debt. But if you get the judgments vacated, you will, at least, get your day in court to challenge the debts.

[joypulv]

OK... moving doesn't matter.
Companies change names and/or are sold to other companies, so that doesn't either.
The hugely inflated amounts due are because of interest and penalties most likely.
You can ask for breakdowns of the amounts charged on each card.
There's a whole industry around reducing those huge amounts, called by various names such as debt consolidation, forgiveness, mediation, and so on. You pay for the service with your first few monthly payments.
As for serving someone of a totally different description? I don't know how far that will get you in court. Once the judgments are won, judges just aren't going to listen too much, unless you can really prove that the whole ball of wax is a case of mistaken identity, not that the wrong person was served.

[ScottGem]

I have to disagree with Joy here. Judges DO want to afford defendants with their day in court. They are also aware of the spotty record of junk debt dealers who try to get default judgments without sufficient proof of the debt. So if you can cast sufficient doubt that you were properly served, there is a good chance you can get the judgment vacated and a new hearing scheduled. But that's ALL you get is a new hearing. You still have to show up in court and fight the suit. If they have any amount of proof that the debt is yours they will still win a judgment.

So getting the default judgment vacated is just a delaying action, it doesn't get you off the hook for the debt.