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Reversing a Judgment After Nine Years... Round 2!

You may recall reading one of my recent blog posts where we successfully overturned a nine year old judgment because process was never correctly served on our client. Court papers were never handed to our client or a member of their family at their home at the start of the case, as required by law. We successfully got the judgment thrown out and are now counter-suing the debt collector for debt harassment.

There are no statistics on exactly how often process servers mess up service for credit card cases but it is a frequent occurrence, a guess might put it as high as fifteen or twenty percent of the time but there is no way to know for certain.

We were just hired to fight for a client who apparently lost a debt-buyer credit card lawsuit nine years ago and had no idea the case existed because they were never served court papers. The first they learned of the case existing was when the debt buyer tried to garnish their paycheck, nine years layer. According to the official court records, the court papers were delivered to a person of unknown gender at some random address our client was not even living at.

Just like the other case, we are now trying to get the judgment reversed. The rules about properly delivering court papers are very strict and we are very optimistic that the judgment will be thrown out.

Two nine year old judgments, each thrown out within a few weeks of each other because court papers were never served correctly? Debt buyers make this mistake all of the time, giving lawsuits to people with similar names who live at a different address, to a neighbor, leaving it in a mailbox or simply never delivering it at all and claiming they did.

If you think this has happened to you, contact our office and we can investigate.

This document has been provided for informational purposes only and is not intended and should not be construed to constitute legal advice. Please consult your attorney in connection with any legal issues related to the matters discussed in this article as the applicability of state, local and federal laws may vary

  • ABC News
  • American Civil Liberties Union
  • CBS 4
  • CNN
  • Daily Business Review
  • Florida Trend's - Florida Legal Elite 2014
  • Florida Trend's - Florida Legal Elite 2014
  • National Association of Consumer Advocates
  • National Association of Consumer Bankruptcy Attorneys
  • NBC News
  • National Consumer Law Center
  • The New York Times
  • Avvo
  • Avvo
  • Avvo
  • Avvo
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