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Is there any chance I can have credit card judgements against me removed since they only won because I didn't appear?
I have been sued by several credit card companies that now have judgements against me. The only reason they won the judgement is because I did not show up for court.
I recently learned I could have won the lawsuit if I had just showed up to court and informed the judge that the debt was over 12 years old! Florida's Statute of limitations is 5 years. IS THERE ANYTHING I CAN DO NOW?
In most cases I was unaware of the court date. The process server left the subpena/lawsuit notice at my mom's house.
7 Answers
- Steve DLv 77 years agoFavorite Answer
First, if indeed the statute of limitations had expired, you have a perfect case to file a motion to dismiss the judgments. Call the court clerk at the court that issued the judgment(s) and ask how to file a motion to dismiss. Remember that the court clerk cannot give you legal advice but can tell you what forms to file and point you in the right direction. Obviously, you are going to file the motion to dismiss based upon the expiration of the Statute of Limitations.
You can also try to argue you were not properly served, but if your mother's address was the address you used on the account and you failed to notify the lender as to any new address you had, you are on shaky ground - most loans/credit agreements have this pesky little clause i them in which you agree to keep them apprised of any new address you may be using - which would put you n violation of the credit agreement and possibly void this argument,
- CatDadLv 77 years ago
Technically yes but this is a tricky issue. You have a right to be properly served a summons at your correct address for a pending court date. I would suggest that you start by contacting the court and requesting to see the "Proof of Service documents. Tricia is correct. If you can document that you lived some where else to where you can supply a lease agreement and utility bills, then you may have a strong case...but even if you do, this will be a difficult effort. See my answer (CatDad) at this link:
Also read:
- Anonymous7 years ago
What makes you think you could have won by showing up ?
I don't agree with that.
You could go back to court & fight the default judgment. Would be very expensive.
And you may not win.
What makes you think you would have won ?
Only way I can think you would have won was to be able to show proof of payment and if you had that you wouldn't have been sued to begin with.
- StephenWeinsteinLv 77 years ago
You cannot have it removed merely because you would have won. You cannot have it removed if you use the reason that they won as your reason for having it removed.
You can have it removed if you can get the court to vacate the judgment for the reason that you were not properly served.
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- TriciaLv 77 years ago
your mother never should have accepted the summons if you do not reside there. did she sign for them at all? this will complicate whatever case you might have. additionally, it may not be a legal serve if you do not reside at that address and can prove via you d.l. and utility bills that you reside elsewhere.it would be well worth calling that court and asking the office what you would need to do to prove improper service of summons and to reopen the case. I would if it were me
- Anonymous7 years ago
I don't think you have your facts straight. If the debts were that far beyond the SOL, they never would have gotten default judgments.