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I have two judgements, one of them dating from 2008 and the

other one around that same...
I have two judgements, one of them dating from 2008 and the other one around that same time frame. In an attempt to fix my credit I reviewed my credit report and noticed them. One of them is not a debt of mine, and another is a student loan that I was unaware of. The reason that I was unaware of this debt is because I had wages garnished and had received a payed in full letter, not knowing that a small portion was bought by Citibank. I never received a subpoena and this prompted me to go to the courts to get copies of the court cases filed against me. The company who filed these judgements are Asset Acceptance, upon reading the case they went to the wrong address to serve someone who obviously was not me. Sure enough both people they served are not me, nor is it my signature, and the description of the individuals are males 30 years older than me so I know they lied about who they served. I have made attempts to mail them and request proof of debt and tried to have them give me a pay off amount but they refuse to budge. One of the debt initially started out as a 2000.00 bill has gone up to 5,500. How do I try to reopen these cases or what can I do to resolve this headache!? Is it worth the work or just pay?
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Answered in 17 minutes by:
9/27/2013
Dimitry K., Esq.
Category: Legal
Satisfied Customers: 41,221
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Verified
Thank you for your question. Please permit me to assist you with your concerns.

If I may ask, in what courthouse and in what state did these judgments get put in place? How far away from where you reside now would that be?
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Customer reply replied 4 years ago

The Stanley Mosk Courthouse in Los Angeles, Ca. We live about 20-30 minutes away from there.

Thank you for your follow-up.

That actually helps. What you do is contact the courthouse and file a motion to 'set aside' the past judgments on the basis of lack of notice and improper service. If you can prove to the judge at the hearing that the signature, description, and information ddoes not fit you, you stand a good chance of reversing the decisions. That will not get rid of the debt, since the other party would be able to refile, but you should then be able to get rid of their fees and their interest that they attached to the judgments. Although there is also a potential for the judge to really get angry with the other paries and to dismiss 'with prejudice', meaning tht they would not be able to refile and bring this up again against you. Since the statute of limtiations on debt is 4 yers in California, that would make these debts uncollectible against you.

Good luck.

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Customer reply replied 4 years ago

Even though the judgements are 5 years old or more, we can still file a motion.

Thank you for your follow-up.

What governs here is timing. Typically there is only about a 30 day period for an automatic appeal to the courts. But, if you just found out that there is an order out against you, you can claim special circumstances and pursue a set aside. This is NOT an easy option, and obtaining counsel to assist you is strongly suggested, but it is possible to prevail, and if you prevail it is possible to request that the judgments be completely dismissed due to the fraud of the process server.

Hope that helps.

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Customer reply replied 4 years ago

Is council or services offered at the court, if not what type of lawyer would we need to consult.

Thank you for your follow-up.

This is a civil matter, you would not be entitled to free representation. You would need an attorney who has experience in litigation and appeals--potentially a collections attorney or a very experienced general practice attorney may be able to assist you.

Good luck.

Dimitry K., Esq.
Category: Legal
Satisfied Customers: 41,221
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Verified
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Dimitry K., Esq.
Dimitry K., Esq.
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Satisfied Customers: 41,221
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Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

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