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    rachelf512's Avatar
    rachelf512 Posts: 1, Reputation: 1
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    #1

    Mar 17, 2010, 05:36 PM
    Being sued, papers were never served to me, is this legal?
    My husband has past credit card debt and we live in WA. Its been over seven years so we are surprised to even heard about this. I know the domestic judgement is 10 though. Someone representing the law firm which is helping the debt collectors came to his fathers home and served papers to his 80yr old mentally ill grandmother. Later his father called them and said he does not live there and they had served them to someone with dementia. They said they could not talk about it. Whatever.. We later get something to our new address saying there was a judgement placed against us and wage garnishment is going to start. How is this legal when we never were served papers originally?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Mar 17, 2010, 05:45 PM

    It isn't, so you file a motion with the court to vacate the judgment on the grounds of improper service.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Mar 17, 2010, 06:43 PM

    Was the fathers home, the legal mailing address the credit card company had as his last known address at the time of the law suit.

    After the father found out about it, did he not call and tell YOU about it, way back then and why did you not do something then

    You "MAY" be able to, but will have to prove that was not your home or legal mailing address at that time, and that the credit card company could have or did have your proper address ( not that address)

    Also you may even have to prove the mom's medical condition, since she did receive and sign for the legal paper work.

    They had to have this address as your address if they used it for serivce?

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