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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32154
Experience:  Began practicing law in 1992
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I was out of state and had a judgement filed against me in

Customer Question

I was out of state and had a judgement filed against me in 2010
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: Georgia
JA: Have you talked to a lawyer yet?
Customer: Are you there
JA: No. I'm the Lawyer's Assistant.
Customer: okay can you help
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Customer: well yes a lot
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Submitted: 3 months ago.
Category: Legal
Customer: replied 3 months ago.
I had another judgement by the Same Company that has been satisfied. This one was in a lower court and i believe it was duplicate. I asked for proof of debt and have not receive anything from the company.
Expert:  Dwayne B. replied 3 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Is there a specific question with which I could assist?

Customer: replied 3 months ago.
I obtained two judgements from Capital One in two Civil Courts for the Same Account I believe. Judgement 2 was in 2010. When this action happen I was not properly serve because I was living in Maryland working. So the sheriff provided the form to my father-in-law who does not know how to read.
I satisfied judgement 1 because they provided me proof of liability. However the judgement 2 has not provided me any proof. I want to understand the steps in georgia to request a vacate.
Customer: replied 3 months ago.
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Expert:  Dwayne B. replied 3 months ago.

I can see why you're having problems with those, it really doesn't tell you much on which ti make a determination as to whether they are the same cases, what they are based on, etc.

As to what to file, you file a Motion to Vacate based on a lack of notice being a violation of your right to due process. You file the motion, explain why it is appropriate, and then have it served on the lawyers for the other side.

You can also ask the court for a setting at the same time you file your motion and then give the other side the date of the hearing in a letter served along with the motion or mailed separately. It is usually a good idea o set the hearing 45 days or so away.

You may want to consider hiring a lawyer to do this and then asking for your attorney's fees in the motion. Then, if it is granted, you will want to discuss with the lawyer whether the statute of limitations has passed and file a Motion for Summary Judgment or a Motion to Dismiss based on that since they were supposed to properly serve you within the statute of limitations as well.

Customer: replied 3 months ago.
do you have a lawyer to recommend
Expert:  Dwayne B. replied 3 months ago.

No, we're not allowed to give specific referrals but you can find a lawyer to assist you by going to and in the section for Area of Practice enter Civil Litigation or Consumer Law. Either of those will have the skill set you need.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

Customer: replied 3 months ago.
Where can I find the forms
Expert:  Dwayne B. replied 3 months ago.

Georgia doesn't have a central website that has forms for its courts so you may try or just run an internet search. I ran this search and you may want to go through these and look for one but these are usually drafted from scratch.

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