[mcjones5916]

Hi, I'm really confused and not sure exactly what I should do. Back in 1997, I co-signed an auto loan for a family member who then defaulted and the car was repossessed. Years later a credit company, Cavalry Portfolio, bought the debt and in 2007 obtained a default judgment. I never received notice as they sent it to an address I have not lived at in more than 6 years but I noticed it was that old address on the judgment. I did receive notice from the Sheriff’s office that I had to start paying them. I contacted Cavalry and they said they would not discuss it with me and I had to pay and pretty much the Sheriff told me I had to pay or they would enforce the court order. Needless to say, I began paying 10% of my gross each week until my wife lost her job. I contacted Cavalry and once again was told they couldn’t even discuss it with me and the Sheriff’s office said they could not give me advice but I had to continue to pay. I did not continue to pay as it was too much money being one income down. About 6 months later I noticed there was a wage attachment on my paystub, which was from Cavalry. When I look at the judgment online it is for $7,120.00, yet to date they have taken a little over $11,000. I’m not sure if I should file a motion to vacate since I never received notice and this debt was over 6 years old. Also, I’m not sure how to get the wage attachment to end and am wondering if I need to talk to a lawyer. Is it legal for them to take more than the amount listed on the judgment. I’d appreciate any advice or thoughts that anyone has. Mike

[Fr_Chuck]

The issue is not the SOL at this point, it is a judgement, the judgement is valid until you get it over turned. So your first look is at service, you can ask for the judgment to be overturned due to improper service, then the court will have to decide if the other party did the service proper and in good faith according to your locations laws.