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  1. #1
    Join Date
    Oct 2007
    Posts
    4

    Default Judgment Without Notification

    Please help? I don't even know where to start... so I'll try to keep it simple.

    Can a company get a judgment against you without your knowledge - without ever once notifying you in any capacity that they think you owe them anything or allowing you the opportunity to even know you have a court date? If so, is this legal and enforceable? What if the debt may not even be valid? What is one to do if they discover someone is pursuing this action because they receive brochures from local lawyers telling them that a company is going to or has done this? This is not a preferable way to find out that someone you've never heard of thinks you owe them money.

    How does one get companies to stop harassing family? Not meaning that they call and ask for the number or leave a name and number for contact. Meaning that they call (all day long) at their home and business, over a dozen times a day? (Also, they say things which are illegal.) They tell them to stop calling, they have no reason to call there, and tell them they will file a complaint but the calls don't stop.

    What can be done to find out what is happening? What to do about it once that's figured out? We would appreciate any ideas/answers because I am having a hard time locating what we need to know. I have to seek out internet access and am tapped out at my local library. I don't know what to do and I'm starting to think that time is running a bit short on the above. We live in GA. Thank you.

  2. #2
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,126

    Default Re: Judgment Without Notification

    Quote Quoting mephisto
    View Post
    Please help? I don't even know where to start... so I'll try to keep it simple.

    Can a company get a judgment against you without your knowledge - without ever once notifying you in any capacity that they think you owe them anything or allowing you the opportunity to even know you have a court date? If so, is this legal and enforceable? What if the debt may not even be valid? What is one to do if they discover someone is pursuing this action because they receive brochures from local lawyers telling them that a company is going to or has done this? This is not a preferable way to find out that someone you've never heard of thinks you owe them money.

    How does one get companies to stop harassing family? Not meaning that they call and ask for the number or leave a name and number for contact. Meaning that they call (all day long) at their home and business, over a dozen times a day? (Also, they say things which are illegal.) They tell them to stop calling, they have no reason to call there, and tell them they will file a complaint but the calls don't stop.

    What can be done to find out what is happening? What to do about it once that's figured out? We would appreciate any ideas/answers because I am having a hard time locating what we need to know. I have to seek out internet access and am tapped out at my local library. I don't know what to do and I'm starting to think that time is running a bit short on the above. We live in GA. Thank you.
    Nope. Because the court information is sent to you by the court system, not the creditor.

    I don't know what you mean when you refer to companies harrassing family members. If a creditor calls, and no one answers, they can call again. What illegal things are they saying?

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Judgment Without Notification

    It is conceivable for a creditor to get an order for substituted service, not having an actual address to work with, and thus for the debtor to have no direct service of court documents before a default is entered. It is also possible for "gutter service" to occur - an unethical process server who signs a return of service, even though the court papers were never delivered - although if the court has the proper address the debtor should still receive correspondence from the court. If a default is entered and you don't know how that occurred, review the court file for the case at the court where the default was entered.

  4. #4
    Join Date
    Oct 2007
    Posts
    4

    Default Re: Judgment Without Notification

    Thank you. Thank you. I've never heard of gutter service and I thought substituted could really only be used for the indigent/transient. Gutter service sounds like it's illegal.

    They know the correct current address. Nothing has been received about this court situation what-so-ever from anyone involved- Not by tack, not by mail, not shoved under the door... Not from the court, not from the agency, not from a server... I did research the company (thankfully it was provided by the lawyers offering their services) and discovered that they are regarded as a rather nasty bunch of what people call junk debt buyers. I don't really know how that's supposed to be any different than a collections group, aside from they may be often unethical. I don't really know what that means in practice.

    To my understanding, a marshall is to deliver something regarding court, but nothing. Nothing. The court has sent nothing. The marshall has even been called but has yet to call back. I don't know what's been filed, or where. Could they have gone city, or would it be necessary to go county? In this case county would be downtown atlanta... would they go to a different county?

    -Harassing as in.. According to the act they aren't allowed to call between 9 pm and 8 am unless otherwise allowed -which they aren't allowed yet they do.. they aren't allowed to discuss details of a debt with anyone that isn't the debtor -which they do. I'll give them credit for that on a slow day they only call every 2 hours. Most days they call at least once per hour but usually about every 30 minutes or more. Neverminding that the person they are looking to talk to doesn't live there and they know that but they call and issue threats to the family anyway. I'm pretty sure they aren't supposed to be threatening to sue someone who can't be held liable, nor can they threaten violence upon anyone. That would be part of what I meant by the harassment thing. Ugly, they be.

    Thank you very much.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Judgment Without Notification

    "Gutter service" isn't valid service, but the court won't know that unless and until somebody objects, and even then it may be difficult to overcome the presumption of valid service which follows from the return of service.

  6. #6
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Judgment Without Notification

    Quote Quoting mephisto
    View Post
    Please help? I don't even know where to start... so I'll try to keep it simple.

    Can a company get a judgment against you without your knowledge - without ever once notifying you in any capacity that they think you owe them anything or allowing you the opportunity to even know you have a court date? If so, is this legal and enforceable? What if the debt may not even be valid? What is one to do if they discover someone is pursuing this action because they receive brochures from local lawyers telling them that a company is going to or has done this? This is not a preferable way to find out that someone you've never heard of thinks you owe them money.
    In addition to what Aaron states, I do not know if GA is a state where you can sue a defendant by "publication" meaning strict criteria must be followed and media notice must be given X party is being sued?

    The DF is not served personally, etc., since there whereabouts are unknown. This is a "possiblity" in some jurisdictions??

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