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ENNISDOLPHIN · Mar 13, 2007, 11:18 AM

Back in 1990 I went to a timeshare seminar and at the time I said yes but when I got home I said no. so I sent a certified letter of cancellation within the 72 hour period. A few months later they called about payment I told them I had sent a letter of cancellation they said they did not get it. So I sent them of copy of the green tag they signed. Never heard from them again till a few years later, then it was in a letter saying they were going to lien the house I was renting which they thought I owned. I called and spoke with them again the gentlman said he would look into and call me back if there was a problem. Never heard back from them. Now 2/07 I received a garnishment summons for 16,500.00 which 9,800.00 is interest. I called again the gentleman this time said he saw nothing in my file and he was not here then so I am stll liable for this and it is a legal judgement and he had called 6/06 and left a message on an answering machine which was a old number I use to have.but they seem to have been able to mail the garnishment summons a year later to an address where I could get it . On the garnishment summons it shows a juudgement date of 7/7/1995 I have called the courts and it was filed in henrico county va in general district court 7/7/1955 and now has been documented in faquier county va courts 1/2003. And of course it has been 12+ years so I do not have the cerified slip they signed. So can anyone help and tell something to do because I do not have the money and my account is now showing -16,500.00. Also what are the sol for va.
Please please help!!

ScottGem · Mar 13, 2007, 12:12 PM

I doubt if the SOL is applicable here. Looks like they filed the original judgement in time and renewed it in time.

What you need to do now is file a motion to vacate on the grounds that you were never served notice of the original suit and that you cancelled the contract within the 72 hours period. Of course, without the proof of recipt you might have a problem proving that.

ENNISDOLPHIN · Mar 13, 2007, 01:29 PM

Scott I sent you en email about some other questions. Thanks

ScottGem · Mar 13, 2007, 03:48 PM

Sorry, but I do not respond to question via e-mail or PM. If you have any follow up please post it here.

ENNISDOLPHIN · Mar 14, 2007, 03:47 PM

Originally Posted by ScottGem

I doubt if the SOL is applicable here. Looks like they filed the original judgement in time and renewed it in time.

What you need to do now is file a motion to vacate on the grounds that you were never served notice of the original suit and that you cancelled the contract within the 72 hours period. of course, without the proof of recipt you might have a problem proving that.

Scott, thanks for you answer it helps but, do you mean since they dockedit in 1/03 in another county that renewed the judgement because there is nothing on my credit report. Also how do I file a motion to vacate?

ScottGem · Mar 15, 2007, 05:51 AM

Go to the court where the judgement was entered and ask for the format of a Motion to Vacate. You can also find samples on the WEB. In a case like this, it's a fairly simple plain statement:

I, your name, move to have this judgement vacated on the grounds that I exercised my right of recission within the 72 hour period allowed.

ENNISDOLPHIN · Mar 15, 2007, 07:15 AM

Originally Posted by ScottGem

Go to the court where the judgement was entered and ask for the format of a Motion to Vacate. You can also find samples on the WEB. In a case like this, its a fairly simple plain statement:

I, your name, move to have this judgement vacated on the the grounds that I exercised my right of recission within the 72 hour period allowed.

Thank you you very much.