Re: CAK Re: Win a default judgment

Posted by CAK (66.140.213.115) on December 15, 2003 at 00:49:16:

In Reply to: Re: CAK Re: Win a default judgment posted by DavidJr on December 15, 2003 at 00:04:27:

The Judge will have to determine first, if the service was good and was allowable by your state.

You have to raise the SOL as an affirmative defense or you lose the right to use it later. As no one argued the SOL or argued anything, I believe the Judgment will stick, whether or not it was beyond the SOL.

The Judge may decide not to hear your Motion, if he believes it has no merit.

As to the deletion of the Judgment from his CR, the CRA told you why they deleted. This is the same for any account that is disputed. If the account or the Judgment can't be verified, the CRA is obligated to delete.

The court can respond to the CRA at a later date, and the Judgment will be listed once again.

Judgments remain on your CR for 7 years from date paid.

You told me your Uncle said he knew he had the notice from the Post Office, that says there is Certified Mail that needs your signature at the Post Office. These notices also say that the article will be returned to the sender in I believe 15 days, in the event no one signs for it.
He should have gone to the Post Office, signed for the CRRR, went to court and argued the SOL has expired. Because he didn't he lost that right.

If the Judge believes you were served according to your State's Rules, its over. If not, then you will have to prove your claim. Just stating them is not enough.

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