Re: Joint motion to vacate...should I get an attorney? (kinda long)

Posted by jm10101 (198.80.151.130) on February 24, 2003 at 15:22:23:

In Reply to: Joint motion to vacate...should I get an attorney? (kinda long) posted by LD on February 24, 2003 at 15:06:13:

What state are you in?

Are you familiar with your states requirements for service? Many states allow service to last-known-address and by publication. Points 1 and 2 are not very strong if this is the case in your state.

Let me see if I understand, you're trying to make a point of improper service, but you also make the point that the amount is wrong because you made a payment to avoid going to court? It doesn't go very far to reinforce the grounds of improper service. You'll need to pick an argument and stick with it...

Number 6 - Just because they have the right to take your money doesn't mean they have to...they can do it at any point within the SOL of the judgment...and they can get the judgment renewed.

Given that you have 4.5 years until it fails off your reports, have you thought about paying it, making sure it is recorded as SATISFIED at the courthouse and THEN disputing it?

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