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Re: Have I reopened a past due debt?


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Posted by John (204.216.234.29) on October 08, 2003 at 18:21:04:

In Reply to: Have I reopened a past due debt? posted by Chelsea on October 08, 2003 at 12:26:14:

By all means get a lawyer or talk with legal aid. You stated that unbeknownst to you all your accounts were levied? When were you served? Who was the process server? Get this vacated then find out how you can sue the collection attorney and the process server for conspiracy (a felony in any state). I am sure that once you have both barrels loaded and ready to fire that all other parties will be ready to listen and backpeadl their position. Judges rarely handle cases these days due to the case backup caused by frivolous claims, most Attys go for what is called a clerk's judgment. Basically granted if no response was filed (by you the defendant) the plaintiff or their rep will request summary judgment. Once this happens a clerk will rubberstamp the documents that judgment has been granted. If you do talk with an attorney then by all means speak with a good one. Be sure that he / she can quote cases and show precedent when fighting on your behalf. Good luck.


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