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zeltite5 · Oct 25, 2007, 05:32 PM

I recently checked my credit report, and discovered a judgment from Asset Acceptance Corp that was placed in CA in march of 07. I have been living in MI since December of 03... needless to say I was not notified of any collections,let alone a judgment. I contacted the court in SB, they said the judgment papers were sereved to a woman I have never heard of. Is this legal? How do I handle this from MI? I don't even recognize the original account with Citi that they say its for. Are the demand for debt verification letters still applicable when it is a judgment? Thanks

ScottGem · Oct 25, 2007, 05:34 PM

You need to file a motion to quash the judgement on the grounds of improper service. I'm not sure if you can do this remotely, you would have to check with the court about that.

mr.yet · Oct 26, 2007, 03:55 AM

YOu can file Motion to vacate the judgment , improper service, once you obtain a copy from the California court.

Once you have filed it you can file a discovery request on the plaintiff, and if they fail to provide discovery, file motion to compel discovery.

zeltite5 · Oct 26, 2007, 05:20 AM

Thanks for th ehelp. Can I do this myself from Michigan or do I need to hire an attorney here or in CA? Thank you!

mr.yet · Oct 26, 2007, 05:26 AM

Most everything you need is online @ California Courts you can file by mail.

zeltite5 · Nov 2, 2007, 11:51 AM

Thanks for all the help. I requested and received the documents from the court, they were full of errors, it is almost funny. First of all the address they used to determine my residency in CA was 2904 xxxst # 5, which is true, I did live there for a brief time in 2003... but every other document, including th eones that were supposedly served upoin me were sent to 2907 xxx# 7... then they had a paper that said they did not have an original copy of the agreement just a substitiution, which was approved by the judge. I sent all documents that supported my residency in Michigan since 2003 and pointed out the fact they had been sending all correspondence to the wrong place even if I were in CA. I hope to hear back so with a cancellation of the judgment. Thanks for all the help. Ill keep you posted how it turns out... Question? Can they know re open the case here in Michigan? They do not know who the original creditor is, nor do I?

ScottGem · Nov 2, 2007, 11:53 AM

The plaintiff can choose to resubmit the suit.