validity of judgement

[hanjenden]

What is the name of your state?AK

I have read in several posts that a judgement has to be filed in the county where you live, or where the contract was signed. Lawyer's office for cc company filed suit in La. where I had not lived for almost a year, and the cc account was opened in Tx. Is the judgement valid, assuming they obtained the default?

 

[ibcurious]

Yes. If you were not served properly you may be able to motion the court to vacate judgement.

 

[JETX]

Lawyer's office for cc company filed suit in La. where I had not lived for almost a year, and the cc account was opened in Tx. Is the judgement valid, assuming they obtained the default?

Presumably, the judgment itself is valid in Louisiana.

However, you 'forgot' to provide the following:
Did you receive a notice of the filing of the lawsuit in LA??
If so, what EXACTLY did you file with the court when you were noticed of the lawsuit??
If you were not noticed, how did you find out about the judgment??

 

[hanjenden]

I received notice because they delivered it to my parents when they found out I was no longer at my former address. I called the clerk of courts office and explained that I had not lived in La. for quite a while. She told me I needed to take it up with the lawyer's office. I called the lawyer's office almost every day for two weeks. They conveniently waited to return my call when there was no longer time to file an answer, and from my conversation with them, I was given the impression that they did not give a damn that I no longer lived in La. They did not even ask what my current address was. So, the summons was served at my parent's home where I have not lived in over 18 years. This happened about two months ago, and I have heard nothing else from them. This is my last outstanding debt following a long period of unemployment for my husband, and I really want to take care of it. However, I would prefer not to have a judgement that is not valid(if that is the situation) appear on my CR.

 

[Ladynred]

I have a question or two. Is this debt on your credit reports ?? Have you pulled your reports lately ? Is your CURRENT address on your credit reports ?

Are there any inquiries from either the creditor for this debt, a collection agency that had it or this lawyer's office ??

What I'm getting at is if your current address is on your reports and they pulled your credit to look at it, then they damn well DID know what your address is and that would lead me to believe they filed at an 18 year old address deliberately to get an easy default judgment !

 

[hanjenden]

Yes, the current address is on my credit report. I have a cell phone, utilities, and a current credit card as well as a mortgage at my present address. That is why it is just beyond me why they filed in La. It is a lawyer's office in La. that sued. I had previously mentioned this suit on the bankruptcy forum Ladynred, and you advised that they had probably obtained the default judgement. This is the only other thing I need to take care of, as I have had much success in dealing with my other creditors. They knew dorn well that I did not live there because I have dealt with th OC from my present address.