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Renick1979 · Feb 29, 2008, 08:40 PM

OK,
I have searched through a lot of the information here and can't quite find one that corresponds wit my situation. So I literally just found out that I had been sued and the judgement was against me for a credit card I had when I was 18 and long since forgotten about, over 10 yrs. The way I found out is that my bank account, both Savings and checking, were completely wiped out. I received a Notice from my bank that was received from them from the court. So I checked the information from the docent number via the court records and sure enough I had been sued and lost with out even knowing it. Apparently all the information had been sent to places I had long since moved away from and some how this is all legal. Basically I am trying to determine my options. I do not have any money as it was all taken so I can't hire a lawyer and on the docket information page it shows that all attempts to reach me were sent back "Unclaimed". IF anyone can help it would be greatly appreciated.

mr.yet · Mar 1, 2008, 04:40 AM

File a Motion to Vacate Judgment, for lack of proper service, than File a Motion to Quash, the garnishment. The bank cannot release the funds for at least 30 days.

You havae the right to face the plaintiff and demand proof of their claim. Make sure you send a copy of the Motion to Quash to your bank.

Renick1979 · Mar 3, 2008, 08:01 AM

The Court is now telling them there is nothing I can do because apparently they sent it out standard mail and it was never returned they state they have fulfilled service

ScottGem · Mar 3, 2008, 09:17 AM

First, I can't believe you couldn't find a thread similar to your situation because this site is full of them.
-Debtor defaults on credit card.
-Creditor obtains default judgement because debtor never answered summons.
-Creditor locates debtor's assets and attaches them

That's your situation and the situation of MANY others here.

If you filed a Mortion to Vacate on the grounds of Improper Service and it was denied, then there is little you can do. You can try appealing the decision. To do so you will need to research the laws for proper service in your area and see if the judge was correct in saying they had fulfilled the requirements.

But there is an ethical issue here. You seem to be acknowledging that you incurred this debt and defualted on it. Therefore, you have a moral obligation to pay it. So see if the creditor will work out a settlement.