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Whychat, Ladynred, anyone: is this a good plan?


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Posted by needingstrategy (138.88.79.6) on January 10, 2004 at 22:56:27:

i go to court this week to vacate a default judgment and quash a writ of attachment so my bank account won't be garnished anymore. (the clerk at small claims court gave me the legalese. ) i was never served; my bank notified me of the default judgment/garnishment last month. since this was the first i heard of it all, i went to the small claims court for the paperwork and it said in august the server slid the info through the mail slot of an address i haven't lived in for three years. amazing! i live in MD now, used to live in DC three years ago. anyway, does this sound like a good game plan:

in my defense, i have copies of my last two leases showing i haven't lived at the address they "served" for three years.
i already provided my current address (in MD; used to be DC) when filing the motion to vacate, so i expect i'll get served at home at a later date.
i don't have copies of any paperwork from the CA or OC, as i lost all my belongings in a house fire 9/02. i plan to ask the attorney or whoever they're representing to validate the debt (since i don't have a copy of anything saying i owe them money).

meanwhile, i have pulled a copy of my credit report, and found the name of the CA the attorney represents. the credit report said the OC charged off the $4000 debt 12/2001; date of last activity is 2/2001; the CA bought it 9/2002--a year later! i don't have any mail from the CA; they may have sent something around the time of my house fire, but lots of mail got lost in that time period. (i was in a huge state of loss and stress... didn't get another place to live for two months.)
if they validate it, i'll ask for a payment plan, since that's all i can afford. if they can't validate it, then i can request a cease and desist letter.

does this sound right? it's my first time in court, and i'm nervous. do i need to bring anything else with me besides my leases proving i haven't lived at my prior address for three years, and a copy of the fire report? do you think my chances are good for having the judgment vacated? i think i'm basically asking them to vacate the judgment and we start over. i don't have any savings, no assets (no insurance from the fire), and only one part-time job. not even a car!

sorry it's so long. like i said, i'm nervous...




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