What is the name of your state? CA
I retained a copy of a default judgment against me for the recovery of money on an alleged debt from a law firm threatening to proceed with wage garnishment to enforce the judgment.
1 - This is the 1st time I've seen the judgment or any such related documents. The proof of service of the summons states delivery to an address I've never lived at, left with a person I have no affiliation with (we happen to have the same last name). What's the best way to dispute this? Should I motion to vacate this judgment? If so, how do I proceed with that?
2 - Also, it looks like the plaintiff is a collection agency who bought the account from the original creditor. The debt to the original creditor does not appear on my credit report. Even if it did, the alleged debt would have passed its statue of limitations from the original creditor. Can the collection agency still pursue this in court? (the law firm represents the credit agency and not the original creditor).
3 - Is the SOL just an affirmative defense in court or something that I can present to the law firm/collection agency to cease collection attempts?
I'd appreciate advice on the best way to proceed. Thank you!
I retained a copy of a default judgment against me for the recovery of money on an alleged debt from a law firm threatening to proceed with wage garnishment to enforce the judgment.
1 - This is the 1st time I've seen the judgment or any such related documents. The proof of service of the summons states delivery to an address I've never lived at, left with a person I have no affiliation with (we happen to have the same last name). What's the best way to dispute this? Should I motion to vacate this judgment? If so, how do I proceed with that?
2 - Also, it looks like the plaintiff is a collection agency who bought the account from the original creditor. The debt to the original creditor does not appear on my credit report. Even if it did, the alleged debt would have passed its statue of limitations from the original creditor. Can the collection agency still pursue this in court? (the law firm represents the credit agency and not the original creditor).
3 - Is the SOL just an affirmative defense in court or something that I can present to the law firm/collection agency to cease collection attempts?
I'd appreciate advice on the best way to proceed. Thank you!