• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

I was not served, now my fico is down!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

125mph

Junior Member
California --

I'm in the process of looking to buy a house and checked my credit score. I became shocked when I saw the score was 690 and 705 as I usually have over 780. Well I see theres a public record on my file and apparently someone sued me over $300 but I didn't even know about the case. The case apparently was almost 2 years ago. I think the plaintiff must have served me via certified mail to my old PO box (UPS store) of which I had stopped using long ago.

What are the best ways to get the public record off? I understand that if I just pay the $300 it will not be removed but just be listed as "satisfied" and will not really help the credit score much, in fact it may hurt it as it will be updated to today's date!!!.... yikes!

From what I'm reading online, I can file a notice of motion to vacate default judgement based on the fact that I was unaware of the small claims case and we'll have a new trial. I can request a continuous and go into mediation or try to talk to the plaintiff and pay her to drop the suit, then I can forward the case dismissal to the credit bureau to remove the public record judgement?

Is that the best course of action? Please let me know what you would do!

Also, how do I prove that I was not served. I don't even know how the plaintiff served me, maybe it was a lie...
 


125mph

Junior Member
Well, I just talked to court advisor.. I went ahead and filed for a motion to vacate default judgement.

The advisor told me if I can work a deal with the plantiff, afterwhich, I can submit a Stipulation to vacate judgement and orders thereon, which would reopen the case and dismiss it with prejudice, and remove the record completely as wel...

I guess that's the best senario.
 

sandyclaus

Senior Member
Big problem

California --

I'm in the process of looking to buy a house and checked my credit score. I became shocked when I saw the score was 690 and 705 as I usually have over 780. Well I see theres a public record on my file and apparently someone sued me over $300 but I didn't even know about the case. The case apparently was almost 2 years ago. I think the plaintiff must have served me via certified mail to my old PO box (UPS store) of which I had stopped using long ago.

What are the best ways to get the public record off? I understand that if I just pay the $300 it will not be removed but just be listed as "satisfied" and will not really help the credit score much, in fact it may hurt it as it will be updated to today's date!!!.... yikes!

From what I'm reading online, I can file a notice of motion to vacate default judgement based on the fact that I was unaware of the small claims case and we'll have a new trial. I can request a continuous and go into mediation or try to talk to the plaintiff and pay her to drop the suit, then I can forward the case dismissal to the credit bureau to remove the public record judgement?

Is that the best course of action? Please let me know what you would do!

Also, how do I prove that I was not served. I don't even know how the plaintiff served me, maybe it was a lie...
The UPS Store requires that you sign an authorization that allows their staff to receive service of process on your behalf as part of their box rental paperwork. That authorization remains in effect until you cancel the box service or your rental period ends, whichever comes first.

If you had moved, and your mailbox rental was still active (regardless of whether or not you still used it), the plaintiff can easily argue proper service was accomplished by producing a copy of that signed authorization. That could blow your whole vacate request out of the water.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top