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    RG McFadden's Avatar
    RG McFadden Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Dec 26, 2007, 11:31 AM
    Unlawful Service
    A judgement in the amount of $10,000 was entered against me for an auto loan. I did not live at the address of server nor did anyone accepted service. How do I proceed in court to have this judgment vacated?
    donf's Avatar
    donf Posts: 5,679, Reputation: 582
    Printers & Electronics Expert
    		  
    #2

    Dec 26, 2007, 11:36 AM
    First,

    Did you in fact default on the loan?

    That is the first question you must ask if you are to fight the court ordered judgement.
    RG McFadden's Avatar
    RG McFadden Posts: 2, Reputation: 1
    New Member
    		  
    #3

    Dec 26, 2007, 11:47 AM
    Yes, the assign defaulted and I as a co-signer is held liable. I not debating the debt, I made numerous contract with the creditor to settled to no avail. I wanted the opportunity to present this matter before the court to make pay arrangements. Then I received, notice of entry in the mail.
    donf's Avatar
    donf Posts: 5,679, Reputation: 582
    Printers & Electronics Expert
    		  
    #4

    Dec 26, 2007, 12:06 PM
    RG,

    Get a lawyer lined up to assist you is the following fail to open the door a crack.

    Has a judgement been entered into the Court's record against you? If so, contqct the Judge's office and let them know you were prevented from presenting your side of the issue because the creditor knew your correct whereabouts yet failed to pass the information to the court and therefore onto you. Inform them that you would like to enter an appeal on this Judgement.

    A "Notice" carrys with it your right to appeal. Contact the presiding Judge's office ask for the Clerk and ask the judge's Clerk how you should proceed to appeal the judgement.
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member
    		  
    #5

    Dec 26, 2007, 12:07 PM
    FIle Motion to Vacate due to Improper Service, look up the court rules in your state online.

    THis will give you the opportunity to defend yourself in court. They will have to refile for suit against you.
    donf's Avatar
    donf Posts: 5,679, Reputation: 582
    Printers & Electronics Expert
    		  
    #6

    Dec 26, 2007, 12:28 PM
    Mr. Yet,

    Thanks for jumping in. Nice to have help from a little further up the Bay from me.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
    		  
    #7

    Dec 26, 2007, 01:16 PM
    Did you live at that address at any time, was that the legal address of the original lien holder that you co signed from.

    Was the original lien hold served notice of this and they just did not tell you ?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #8

    Dec 26, 2007, 03:53 PM
    As Mr Yet said, you can file a Motion to vacate the judgement on the grounds of improper service. The plaintiff will then be required to show that you were served with notice of the suit. If they can't, then the judgement will be vacated and a new hearing ordered.

    However, the creditor is not required to settle or accept any payment plan. So if you go back to court and use that as your defense, you will, in all likelihood, lose.
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