[porkchop33]

A court officer and sheriff came to my house and impounded my vehicle because of a court order from a debt collector suing me. I never knew about this because they used my address from 12 years ago for all the court papers. The got the credit card 7 years ago so my old address would have never been used. I printed a credit report and the debt collector ran a credit check on me 2-1-12. Then on 2-8-12 they filed the suit against me with the wrong address. Is this legal? And do I have a action I can take against the debt collector?

[ballengerb1]

So you have never been to court and your car is already gone?

[ScottGem]

For them to get a sheriff to seize your assets they had to get a judgment. They probably got a default judgment since you never responded. When the sheriff came they had to give you a copy of the judgment. That copy will list the court that issued it and the docket # of the case.

Monday morning go to court and file a motion to vacate the judgment and have your property returned on the grounds of improper service. Given the facts, you should get it.

Now this is only a delaying tactic. Before you leave the courthouse they will properly serve you and you will need to go to court to deal with the suit.

[porkchop33]

Yes

[porkchop33]

Thanks

[ScottGem]

You might even be able to sue them since I think you can prove that they willfully used an old and incorrect address to file with.

[bbost]

Invalid service is a grounds to set aside a judgment. One of the few.

[AK lawyer]

Invalid service is a grounds to set aside a judgment. One of the few.

See _______ for more.

B

Bbost, this is improper advertising; a violation of the rules of this forum. Please remove the URL.