Re: Grounds to file motion to vacate judgment?(long)

Posted by Why Chat (209.240.222.130) on July 07, 2002 at 08:42:55:

In Reply to: Grounds to file motion to vacate judgment?(long) posted by jeje on July 07, 2002 at 02:46:10:

I think you are confusing two different legal requirements for filing judgment liens.A judgment must be filed in your State of residence where you signed, or where you are presently living.In order for a filed judgment to be "perfected" that is enforcable against real estate it must ALSO be filed in the County where the real property is located. You MIGHT be able to have a VERY good NY lawyer have a judgment vacated if it was filed against you in NY while you had moved out of NY IF you were not given notice of service,AND if you had proof that your mail properly forwarded.IF on the other hand, the filer can prove due diligence in attempting to serve you at your last know address, and had either records of returned mail "left no forwarding address" or the "forwarded mail" form with your new address receipt from the PO,then they have proof of service,(according to NY law)
As to "suing them" for FDCPA violations, I do not see any that you have indicated.If the judgments were under another address,and/or name,you might try getting some of the old addresses deleted from your reports,THEN after they are deleted dispute the judgments.This will work as long as you are not trying to get a mortgage in NY State.

Actions Under FDCPA
2. Action must be in correct VENUE. The FDCPA establishes strict guidelines for where a consumer may be sued for a debt:
 
a. If real property secures a debt, then action shall be brought in a "judicial district or similar legal entity" in which the property is located; 
b. If no real property secures a debt, the action shall be brought in a "judicial district or similar legal entity" in which the consumer signed the contract or in which the consumer resides;15 USC § 1692i(a).
c. "Judicial District" is governed by state law and means county (parish) or state judicial district; Dutton v. Wolhar, 809 F. Supp. 1130 (D. Del. 1992); Crawford v. Collection Servs., 898 F. Supp. 699 (D. S.D. 1995)

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