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prwoowrp · Dec 22, 2009, 11:00 AM

What is the time limit to file a motion to vacate default judgment in GA, FL, and VA?

this8384 · Dec 22, 2009, 11:22 AM

Originally Posted by prwoowrp

What is the time limit to file a motion to vacate default judgment in GA, FL, and VA?

First of all, what are your grounds for requesting the dismissal of the judgments? You need proper grounds - not being able to afford them or simply missing the court date isn't proper grounds.

Second, why do you have default judgments in three separate states?

prwoowrp · Dec 22, 2009, 12:18 PM

First: eltman eltman & cooper checked my credit report 3 months ago. I believe they have a history of "sewer service" in SOL cases.
Second: those are the three states a case could possibly be brought in.

this8384 · Dec 22, 2009, 12:32 PM

Originally Posted by prwoowrp

first: eltman eltman & cooper checked my credit report 3 months ago. I believe they have a history of "sewer service" in SOL cases.
second: those are the three states a case could possibly be brought in.

That doesn't answer my question. If you want to file a motion to have a default judgment vacated, that means that a judgment has already been entered against you. What does Eltman, Eltman & Cooper have to do with this?

How many different accounts are we talking about? In most cases, they have to sue you in the state where you incurred the debt.

prwoowrp · Dec 22, 2009, 12:45 PM

Are you familiar with how a collector will send the summons to an old address KNOWING that you don't live there (sewer service)? Then they get a default judgment against you bcause you had no idea of the case. Eltman has a history of that and I expect that I will experience it myself.
The reason I'm asking is this... if they do it to me, get the judgment, and WAIT UNTIL it's too late for me to file the motion (because I still, at that point, might not know about it) to start enforcement, then I'm screwed. I'll have to hire a lawyer at that point.

Once again, does anyone KNOW the answer to my question.

this8384 · Dec 22, 2009, 12:48 PM

Originally Posted by prwoowrp

Are you familiar with how a collector will send the summons to an old address KNOWING that you don't live there (sewer service)? Then they get a default judgment against you bcause you had no idea of the case. Eltman has a history of that and I expect that I will experience it myself.
The reason I'm asking is this...if they do it to me, get the judgment, and WAIT UNTIL it's too late for me to file the motion (because I still, at that point, might not know about it) to start enforcement, then I'm screwed. I'll have to hire a lawyer at that point.

Once again, does anyone KNOW the answer to my question.

Yes, I KNOW the answer to your question but apparently you do not. Your grounds for requesting a dismissal is improper service.

How do you know that this particular company looked up your credit history? Are the debts out of statute of limitations? What states did you incur the debts in? What state are you in now?

prwoowrp · Dec 22, 2009, 12:51 PM

Look. I really do appreciate the time that you have taken to speak with me. But I know enough about this issue to be asking a SPECIFIC QUESTION. Other information is neither required nor desired.

this8384 · Dec 22, 2009, 12:55 PM

Originally Posted by prwoowrp

look. I really do appreciate the time that you have taken to speak with me. But I know enough about this issue to be asking a SPECIFIC QUESTION. Other information is neither required nor desired.

Actually, I don't think you know nearly as much as you think you do. If you did, you wouldn't be on this site asking for help.

Other information IS required if you want a legally accurate answer. Either you want accurate information or you don't.

Everyone on this site volunteers their time and knowledge. I don't know where you get off telling me, or anyone else for that matter, what you do and don't want to hear.

If you know enough about this issue, then good luck trying to handle it yourself because I can all but guarantee you that if this is the attitude you have in a court of law, the judge is going to toss you and your "information" out in a heartbeat.

prwoowrp · Dec 22, 2009, 01:00 PM

I only want to know what the time limit is to file the motion.

this8384 · Dec 22, 2009, 01:04 PM

Originally Posted by prwoowrp

I only want to know what the time limit is to file the motion.

It varies by state. And going all the way back to the beginning of this thread and repeating myself, you need reasonable grounds in order to have any judgment dismissed.

Apparently, you're going to claim improper service. Please be aware that certain states allow a creditor to publish the summons in a local newspaper, which means you can't use that as grounds for a dismissal.

Also, once you file to have the judgment reversed, the creditor will then have your current address and if you succeed in getting the judgment reversed, they'll simply serve you and probably win another judgment.

But, I'm sure you knew all of that...

Alty · Dec 22, 2009, 01:04 PM

prwoowrp, you just burned a huge bridge. This8384 knows her stuff, she's a valuable member of this site.

We all volunteer here and we don't put up with rudeness, we don't have to, we have the option of just ignoring your questions and moving on to someone that actually wants help.

You have to decide if you actually want help or if you want to deal with this on your own.

If you want help then show some respect for the people taking the time to answer your question.

prwoowrp · Dec 22, 2009, 01:28 PM

I did and I know that it varies by state. Scroll back up you'll see I pointed out SOL? They've accessed my credit report so they know my last three addresses and various states have various laws about newspaper publishing, all of which are in my favor.

I don't need help with this situation. I just need to know a VERY SPECIFIC piece of information that should be the same whether someone is claiming improper service or too stupid to know what day it is; whether it's a visa debt or a car loan; whether they took out the debt in NY and moved to UT or the other way around.

There is a time limit to file a motion to vacate default judgment in every state. I would like to know what that time limit is in Ga, Va, and Fl.

Thank you for your time.

prwoowrp · Dec 22, 2009, 01:31 PM

Look I REALLY REALLY DO appreciate your time and knowledge. But I give up.

this8384 · Dec 22, 2009, 01:36 PM

Originally Posted by prwoowrp

I did and I know that it varies by state. scroll back up you'll see I pointed out SOL? They've accessed my credit report so they know my last three addresses and various states have various laws about newspaper publishing, all of which are in my favor.

I don't need help with this situation. I just need to know a VERY SPECIFIC piece of information that should be the same whether someone is claiming improper service or too stupid to know what day it is; whether it's a visa debt or a car loan; whether they took out the debt in NY and moved to UT or the other way around.

There is a time limit to file a motion to vacate default judgment in every state. I would like to know what that time limit is in Ga, Va, and Fl.

thank you for your time.

Actually, you didn't reference SOL a single time. I pointed out SOL and you said you didn't want to talk about anything else but filing a motion to dismiss.

And I have told you, you need reasonable grounds to have a judgment dismissed. You don't seem to have any.

this8384 · Dec 22, 2009, 01:37 PM

Originally Posted by prwoowrp

look I REALLY REALLY DO appreciate your time and knowledge. But I give up.

Give up on what?

Alty · Dec 22, 2009, 01:49 PM

What the OP doesn't seem to understand is that the law isn't set in stone, it varies depending on the circumstances, the country, time, you name it.

We can't give accurate advice unless we have all the information. If you're unwilling to provide that information then you're on your own, we're not going to pussyfoot around, there are other people on this site that need help and are willing to provide the info to get it.

Hire a lawyer, you're going to need one. Be prepared to answer all the questions This asked and more.

tickle · Dec 22, 2009, 01:50 PM

[QUOTE=this8384;2140960]Give up on what?[/QUOTE

I think you got him on that one and I don't think he could follow you at all. You may not hear from him again, I think you were posting to a brick wall, so to speak.

Tick

prwoowrp · Dec 22, 2009, 01:53 PM

OK. Maybe I'm going about this the wrong way.

prwoowrp · Dec 22, 2009, 01:55 PM

Tell you what. Ask me one question at a time (since I'm a brick wall) and I'll answer what you want to know

tickle · Dec 22, 2009, 01:59 PM

Originally Posted by prwoowrp

tell you what. ask me one question at a time (since I'm a brick wall) and I'll answer what you want to know

Oh gosh did I say that ! I think 'this' was asking you one question at a time but you kept harping on not getting an answer to your question. So, again, what was your question. Can you re-iterate ?

Tick