Out of State Judgment Filed

[ashleywilkes]

What is the name of your state (only U.S. law)? California

I am being sued by Mel S. Harris in New York State. I have lived in California for 7.5 months now. I used to live in New York. The area where the law suit was filed is 6 hours North from where I used to live. The judgment is for $825.39 in a city court in Northern NY.

I have filled out the Motion to Vacate the Judgement because I was never served. The Affidavit that the court has on file says I am 5ft 8 175lbs, etc. etc. being served at an address, in a residential neighborhood. As per the request of the City Clerk, I faxed her my picture ID and the fowarding information that I left on file with the post office. She then showed it to the judge. I also faxed her my credit report showing the three places I have ever lived in my life.

My question is, why am I still expected to fly all the way to NY after showing them proof that the person served is not me? I have now also obtained what proof I could I find that this debt is not mine and that Mel S. Harris has the wrong person. I tried telling this to the law firm, but their representative did not want to speak to me. The proof I have is my credit report. The original debt is for a Capitol One Card. I've never had a Cap One Card and it is no where to be found on my credit report. What options do I have?What is the name of your state (only U.S. law)?

 

[CourtClerk]

My question is, why am I still expected to fly all the way to NY after showing them proof that the person served is not me?

Because you filed a Motion to Vacate. If you want to be heard on your motion, you have to appear in court. This isn't calling Dell technical support, this is a legal matter. You can fix your computer over the phone, you fix legal issues in person.

I have now also obtained what proof I could I find that this debt is not mine and that Mel S. Harris has the wrong person. I tried telling this to the law firm, but their representative did not want to speak to me. The proof I have is my credit report. The original debt is for a Capitol One Card. I've never had a Cap One Card and it is no where to be found on my credit report.

Believe it or not, that's not necessarily proof. I had a credit card that no longer appears on my credit report. I also know someone who had a car repossessed that that does not appear on their credit report, but they sure got sued over it....

You're going to have to come up with more concrete proof than you have, because what you have is nothing.

 

[TigerD]

What is the name of your state (only U.S. law)? California

I am being sued by Mel S. Harris in New York State.

No. You still don't understand, do you? Language is a precise tool. Words have specific meanings. You are not being sued - You were sued and lost. The judgment creditor is now actively enforcing their judgment.

I have lived in California for 7.5 months now. I used to live in New York. The area where the law suit was filed is 6 hours North from where I used to live. The judgment is for $825.39 in a city court in Northern NY.

Okay, what was the judgment for? Why did a city court have jurisdiction? Most suits are brought in the circuit court or small claims level. City courts usually deal with traffic fines and violations of city ordinances -- or at least that is what I have seen.

I have filled out the Motion to Vacate the Judgement because I was never served. The Affidavit that the court has on file says I am 5ft 8 175lbs, etc. etc. being served at an address, in a residential neighborhood. As per the request of the City Clerk, I faxed her my picture ID and the fowarding information that I left on file with the post office. She then showed it to the judge. I also faxed her my credit report showing the three places I have ever lived in my life.

And...

My question is, why am I still expected to fly all the way to NY after showing them proof that the person served is not me?

As another poster wrote: You brought the motion to vacate. You have to be there to make your case.

I have now also obtained what proof I could I find that this debt is not mine and that Mel S. Harris has the wrong person.

You can't prove that. It is logically impossible to prove a negative.

I tried telling this to the law firm, but their representative did not want to speak to me.

They don't have to speak to you. That judgment gives them all the power in your relationship.

The proof I have is my credit report. The original debt is for a Capitol One Card. I've never had a Cap One Card and it is no where to be found on my credit report. What options do I have?

Fly to NY, cram in the legal libraries and hope you do well enough for the judge to take mercy on you.

DC

 

[ashleywilkes]

Debt Collector
I guess that is what I will need to do. After this is over and assuming that the judge dismisses the case what other evidence can I show to prove that they have the wrong girl here?

 

[sylvesterfl]

I don't know, but I feel for ya!

I'm in a similar situation with another big corporation. Why do we allow such monstrosities to sue people en masse not only in state, but out of state? They do it by putting "agreements" within loads of fine print that nobody could be reasonably expected to read or understand. On top of that, they've paid tons of money to attorneys to write those lengthy agreements so they can sue people everywhere.

It just should not be allowed. You want to sue someone, at least do it where they are!

 

[TigerD]

Debt Collector
I guess that is what I will need to do. After this is over and assuming that the judge dismisses the case what other evidence can I show to prove that they have the wrong girl here?

You can't. You have to make them prove you are the right girl.

DC

 

[ashleywilkes]

Does anyone know if I can file a motion to dismiss the case? This is Civil Suit in NY State. I cant take days off from work to attend a trial that is 6 hrs away by plane and then another 2 hours away by car once I get to the airport. But I also dont feel that I should have to suffer by having my bank account frozen.