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Re: WhyChat ? regarding Midland/summons/not served


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Posted by JKelly (151.197.23.253) on July 18, 2004 at 22:44:16:

In Reply to: Re: WhyChat ? regarding Midland/summons/not served posted by Albatross on July 18, 2004 at 22:12:25:

They can garnish if you have a job that they know about. Thing is........if you leave the job for any reason, they have to then find your new place of employment and go through all the paper work again. Otherwise, you are judgement proof. Cars don't sell for much at serhiff auction, and there are a lot of costs involved to seize a car.......

OK, Why Chat said:
If a lawsuit is filed in a different State from the current resident State, the debtor must be served with notice of the claim. They didn't do that. So, if they get a judgement in Indiana, you can have it vacated based on improper service. It would probably be dismissed without predjuice, and that means they can refile.....but it all costs money. Filing fees and attorney fees. Just don't know what they are up to. I would definitely not ignore it though. I would file for a change of venue. That would be interesting since they can't collect in Florida. ANOTHER THOUGHT. Check with the court in Indiana. Make sure that they have filed suit against you. Maybe this is nothing more than a scam scare tactic.

This guy is an attorney in Florida and North Carolina. He also posts here as Avenger.
http://www.fairdebtlawyer.com Say you are from Cardreport forum.




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