Banks, Collectors, and CRAs Discuss the elimationa of secured and unsecured "debt", as well as tactics for dealing with debt collectors and credit reporting agencies.


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  #1  
Old 04-01-2008, 09:14 PM
stishfield stishfield is offline
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Judgement Because of Bad Service

Please help...
I moved to a new state. I took out a box at a mailbox store and used it as my address since I was renting. I opened up a new mailbox a few towns over when I moved into my "permanent" residence. I let my agreement lapse at mailbox store #1 because I did not pay my bill. They still collected my mail, however. I only checked that box every couple of months. The last time I checked it, there was service of a lawsuit by a debt collector. The court date had passed. I called the court and wrote a letter. I appeared and tried to dispute based on the fact I wasn't served. The owner of the mailbox store did not notify my of this "service". The judge would not vacate my judgement. I now have a $2K judgement against me. I was never able to verify this debt as even being valid, let alone getting my date in court. Can anyone offer any advice or help?
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Old 04-01-2008, 11:32 PM
moorishgod moorishgod is offline
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service

if the entity that owns the mailbox is not licensed and bonded as a process server, the court committed a fraud, even though they will run to statutes and say you were served, make them prove the entity is licensed and bonded to serve process.
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Old 04-02-2008, 06:01 AM
PANICPASS PANICPASS is offline
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Quote:
Originally Posted by stishfield
Please help...
I moved to a new state. I took out a box at a mailbox store and used it as my address since I was renting. I opened up a new mailbox a few towns over when I moved into my "permanent" residence. I let my agreement lapse at mailbox store #1 because I did not pay my bill. They still collected my mail, however. I only checked that box every couple of months. The last time I checked it, there was service of a lawsuit by a debt collector. The court date had passed. I called the court and wrote a letter. I appeared and tried to dispute based on the fact I wasn't served. The owner of the mailbox store did not notify my of this "service". The judge would not vacate my judgement. I now have a $2K judgement against me. I was never able to verify this debt as even being valid, let alone getting my date in court. Can anyone offer any advice or help?


Service of a lawsuit cannot be made by mail. Do you have a copy of the "Proof of Service" that was supposed to be filed with the court after the process server allegedly served you? You need a copy of it to see what it says. Without a Proof of Service on file with the court, the court papers were never served on you.

The owner of the mailbox store is not responsible for making sure you got served. Only the process server is responsible.

Last edited by PANICPASS : 04-02-2008 at 06:03 AM.
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Old 04-02-2008, 06:01 AM
moishanb moishanb is offline
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either refuse for cause, or decline the offer, and don't consent for these proceedings.

Search this forum for the above topics:

Refusal for cause(R4C)
Offer to contract declined, no consent for these proceedings
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  #5  
Old 04-02-2008, 07:16 AM
PANICPASS PANICPASS is offline
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sounds like shesaceo is back.
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