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  1. #1

    Question Judgement Granted when No Hearing Occured

    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

  2. #2
    Join Date
    Nov 2007
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    Officially across the country from where I've been all my life
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    4,494

    Default Re: Judgement Granted when No Hearing Occured

    File a motion to vacate
    If you wanted babies all to yourself, you should have created them by yourself. Until you do that, children have the right to BOTH parents, especially since you found them suitable to procreate with.

  3. #3

    Default Re: Judgement Granted when No Hearing Occured

    Is this something that I should risk filing prose? I believe it would be a motion to set aside and then the original case would be scheduled for a new hearing and then I'd have to fight that case once again. I got one quote from an attorney for $1500 to take care of it for me. Not sure if that's good or not but I'd hate to spend the money if I could do it all myself, but I'd also hate to do it myself and lose.

  4. #4
    Join Date
    Mar 2013
    Posts
    16,968

    Default Re: Judgement Granted when No Hearing Occured

    Quote Quoting usone123
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    Is this something that I should risk filing prose? I believe it would be a motion to set aside and then the original case would be scheduled for a new hearing and then I'd have to fight that case once again. I got one quote from an attorney for $1500 to take care of it for me. Not sure if that's good or not but I'd hate to spend the money if I could do it all myself, but I'd also hate to do it myself and lose.
    The first thing you need is a complete copy of your case file and I mean every scrap of paper in it, so you can figure out how it happened and if there was any hanky panky going on.

    Generally, after you've been served the summons and complaint and have filed your answer, subject items need only be sent to you by regular mail with an affidavit of service at the end of the document.

    You would have to show that they purposely used your old address when your new address was on file.

    One possible way for you to lose on the motion might be because you "waited" for notice of a hearing and you didn't pro-actively call the court or check the docket frequently to see if a hearing was scheduled.

    I'm not saying that it would play out that way, just that it could.

  5. #5

    Default Re: Judgement Granted when No Hearing Occured

    I've already pulled all the court docs. They filed at my old address and the server couldn't find me and sent it back to them with a document saying I don't live there and the court sent the plaintiff a letter saying give a correct address or the case will be dismissed. They submitted my real address and then the server found me. I was served at my correct address and filed my answer same day. My answer was filed with my correct address.

    Then a few weeks later when the notice of hearing was sent, by law it has to go to both the address on the original petition and the address on my answer. They only sent it to the address on the original petition.

    I had (wrongly) assumed they didn't bother scheduling a hearing because they realized I wasn't going to just cave, so they moved on to their next target.

    According to this law, the actual hearing was set too late anyway, it is required within 30 days of the day they sent the notice. The notice was mailed 12/23/13 and The court date was set 1/27/14.

    O.C.G.A 15-10-43(c) (2010): The notice shall include the date, hour, and location of the hearing, which date shall be not less than 15 nor more than 30 days after the date the notice is given. The notice shall be served on the plaintiff and the defendant by mail or personal service to the address given by the plaintiff at the time he or she files his or her claim and the address given by the defendant at the time he or she files or presents his or her answer. The date of mailing shall be the date the notice is given. The clerk shall enter a certificate of service.

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