My question involves judgment recovery in the State of: GA
Midland Funding has sued me twice in the last 3 years. In 2012 I showed up to court, the attorney tried to force me to settle, i demanded proof they opwned the debt and proof that I was the responsible party to the debt. they showed me an affidavit from one of their employees that basically said both things. She wasn't there in person to question so he agreed to dismiss without prejudice.
Fast forward to 2013, they filed in May but did not serve me until December because they apparently purposely had my old address on file (conveniently the 1st lawsuit had my actual address but the one a year later with a new attorney on their side used my old address). I was served finally at my new address and within a day filed an answer and got confirmation from the magistrate that it was accepted, so I waited for a hearing date. My answer included a counter suit to dismiss WITH prejudice because it was clear they were harassing me with no proof of anything.
I never got one.
I was just checking my credit and found a judgment that was entered in January 2014.
I was not served in regards to a hearing date nor was I notified via certified mail or any mail for that matter.
I plan to go to the courthouse ASAP but am curious on suggestions for how to proceed - do I have to file an appeal or a motion to vacate? Something else?
Thanks
Midland Funding has sued me twice in the last 3 years. In 2012 I showed up to court, the attorney tried to force me to settle, i demanded proof they opwned the debt and proof that I was the responsible party to the debt. they showed me an affidavit from one of their employees that basically said both things. She wasn't there in person to question so he agreed to dismiss without prejudice.
Fast forward to 2013, they filed in May but did not serve me until December because they apparently purposely had my old address on file (conveniently the 1st lawsuit had my actual address but the one a year later with a new attorney on their side used my old address). I was served finally at my new address and within a day filed an answer and got confirmation from the magistrate that it was accepted, so I waited for a hearing date. My answer included a counter suit to dismiss WITH prejudice because it was clear they were harassing me with no proof of anything.
I never got one.
I was just checking my credit and found a judgment that was entered in January 2014.
I was not served in regards to a hearing date nor was I notified via certified mail or any mail for that matter.
I plan to go to the courthouse ASAP but am curious on suggestions for how to proceed - do I have to file an appeal or a motion to vacate? Something else?
Thanks
Vacating a Judgment: Judgement Granted when No Hearing Occured
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