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    Roddy's Avatar
    Roddy Posts: 1, Reputation: 1
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    #1

    Dec 3, 2007, 12:45 AM
    I have had an old credit card debt judgement filed against me.
    I received a business card on my door one day from someone from the sheriffs department. I called the number on the card and was told that I was being served papers from a credit card company or something and being sued. So, he asked if I was home and he could stop back by to serve and I wasn't home and he said that he could leave the papers at the courthouse and I could go by and pick them up which I did about 2 weeks later. I found that a debt collector hired an attorney in Ga. And was filing a suit against me for an old debt that was due to go off my credit report about 2 months ago this year. The amount owed was 4138.75 which is not what was really owed. I got the paperwork and I filed an answer saying that the SOL had run on this debt because there had been no activity on this debt for years and that I did not owe this company and never have owed this company money. After filing the answer I got no response from anyone so I was about to move out of state so I called the courts to see if anything had happened and nothing had. As I was leaving the state I received another letter from the attorney which was a motion for summary judgement. Needles to say I did not know what to make of it and I should have called someone but did not because of the move and all. I later received a letter that was forwarded(forwarded my address through the post office) to me from the judge of the courts in Ga. "Order of Judgement" Saying this... The Plaintiff's Motion for Summary Judgement having been read and considered, and the Court having considered the full record and argument of counsel, and the Court having determined that there is no genuine issue as to any material fact and that the Plaintiff is entitled to Judgement as a matter of law, it is hereby:
    Ordered And Adjusted that the Plaintiff's Motion be granted and that the Plaintiff shall have judgement against the Defendant in the principal sum of $4,138.75, accrued interest in the amount of $173.03, additional per-judgement interest at the rate of 7.00% through the date of judgement, attorneys' fees in the amount of $.00, Post-Judgement Interest as provided by law and all costs of the court.

    This 9 day of Nov. 2007 signed the Judge

    So everything that I wrote and asked for was not even considered. This is a collection agency that got it's way. I called an attorney where I live now and he said that I could file an unfair judgement suit but I need to speak to someone in Ga. On the Judgement issue. Now what do I do next... How can this happen on something so old, years old. Does this judgement mean they can garnish my wages, touch my banking accounts, etc. What can they do? What should I do next? Any advice would be very helpful. This has brought on a lot of stress. All because of a divorce and me just handling things very poorly afterwards.

    Thank You So Much For Your Help,
    Roddy
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #2

    Dec 3, 2007, 05:17 AM
    File MOtion with the court in Ga, Motion to Vacate Judgment Expired SOL, send a copy of all suporting documentation.

    Look up Ga. Ruling see if you can attend hearing by phone.

    If they have a judgment they will try to garnish wage or accounts.

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