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lawton123 · Dec 3, 2007, 05:04 PM

Can I be sued with credit collector using my correct social security number but wrong name. Won judgement against me without ever notifying me of court date.

Justice Matters · Dec 3, 2007, 05:18 PM

If your name was mis-spelled with some minor errors the creditor may only have to bring a motion to correct the mistake.

If your name was way off base then the creditor may need to re-issue the claim.

Until and unless the creditor remedies the error(s) the judgment may be unforceable.

All of the above is subject to the specific court rules in your jurisdiction and as such you ought to consider obtaining local legal advice.

JudyKayTee · Dec 3, 2007, 07:39 PM

Originally Posted by lawton123

can i be sued with credit collector using my correct social security number but wrong name. Won judgement against me without ever notifying me of court date.

If you were not served you can try to set it aside on those grounds - is it your debt and your name was simply incorrect on the Judgment or is it not your debt?

lawton123 · Dec 4, 2007, 08:42 PM

Originally Posted by JudyKayTee

If you were not served you can try to set it aside on those grounds - is it your debt and your name was simply incorrect on the Judgment or is it not your debt?

I don't know if it is mine. They will not give me any paperwork or answers on this they saaid its too bad I should have showed up for court. When my employer refused to garnish my wages on the grounds they had no one by that name working for them they declined my reasons for exemption and have gotten a new court date, This supposedly occurred back in 2000. Incidentally the exemption papers we submitted came from my employers attorney. Never received anything from them until garnishment papers arrived. Went through bad divorce could be something he did to me but can not get anything from them in the way of paperwork, statements, copies of charges etc...

JudyKayTee · Dec 5, 2007, 07:11 AM

You are going to have to go to the Court Clerk and ask for copies - this is bizarre and why Attorneys/collection agencies get bad names for themselves.

ScottGem · Dec 5, 2007, 07:27 AM

Ok, so somehow they obtained a default judgement against you based on an incorrect name. So what you do is file a Motion in the court that awarded the judgement to Vacate the judgement on the grounds of improper service. They will then have to prove that you were properly served with notice. Most likely you will win and they will have to refile. When they do you answer the summons with your Intent to Defend on the ground that this debt has not been proven to be yours. You then send a copy of that intent to defend to the creditor demanding verification of the debt.

Then will have to prove the debt or lose.