My question involves collection proceedings in the State of: New York
I am seeking to vacate a judgment from a collection agency who purchased my Providian Visa credit card debt. The reason for my request would be improper serving. The judgment is in New York and I live in Pennsylvania.
* lived in New York until late 1998
* moved and lived in New Jersey until late 2002
* moved to Pennsylvania and currently live here
They say I was served in July 2006 and the judgment was entered January 2007 in New York at an address I lived at for the last 3 months in 1993. I received the above mentioned card and defaulted while I lived in New Jersey October 2002. The orginial balance was $350 or $375 (my credit limit).
In December 2007 they freezed my bank account. I contacted my legal aid attorney and he sent them a letter explaining I am disabled and receiving protected income under Pennsylvania state law. Further, at an emergency proceeding in Pennsylvania I would granted my seized money back. Sure enough they gave me my money back and unfreezed the account. Although they threatened (collection agency attorney) if I did not declare bankruptcy they would seize it again. I have not done this as I do not have any assets and follow state law so they cannot seize my account no matter what (unless I get alot of money from somewhere).
What was weird is I knew at this time about the judgment, not before. Also, I knew they did something shady and incorrect legally. Now I know I was improperly served at an address I lived at 13 years before at that time. In mid 2006 I started contacting and correcting my 3 credit bureau reports yearly. I did this to be responsible and account for my past.
A few weeks ago I found out online I may be able to vacate this judgment on grounds of improper serving. Because it was in NY there is no statute of limitations for improper serving. For other vacating procedures it is 1 year from being served. The original summons was served to a current tenant or owner of a property I lived at over a decade previous to being served (and signed for it which confuses me).
My question is: if I file to vacate this judgment in New York what would be acceptable proof of where I lived in 2006? I have lived at my current address since 2004. I started reporting my current address on my credit reports in April 2006 and afterwards. At that time I was on public assistance, food stamps, medicaid and seeking legal aid to appeal my disability rejection. This is why I know they were shady in obtaining a legal judgment. I had legal aid and would not have neglected the matter. I was only working on this and my health so I certainly had the time and inclination. Can the county assistance office (welfare office) and my family verify my residency? I received my Pennsylvania drivers license during May of 2006. In September 2006 I attended college and held a student job (8 hours weekly for 12 weeks). I have my 2006 tax returns but they were filed in 2007. The original summons serving was June 2006.
I realize I need another hearing after the vacate court date for a traverse hearing. Also, I realize there maybe another court date where I get sued and statute of limitations staring again. The original judgment is $1,400. The advantage is I can be properly served and heard in a Pennsylvania court. Given past and present circumstances the outcome would be far less money or totally eliminated. I am below poverty level for many years. This particular collection agency can see how important my time is (even though for them $375 does not seem like much). They can come to Pennsylvania and be as inconvenienced as I was. Their time is worth much more than mine financially.
Thank you in advance,