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Judgent - What to do now?Judgent - What to do now?
ladybugbear163 said: "Background:
Back in Oct 2005 someone was looking for my boyfriend at our old apt. the people across the street informed this person we had moved and they did not know where to (thought it was out of state) this is what we were told. We did not move out of state just to another city. About 3 months later he received in the mail (reg. mail - not RRR) a judgement with City Cort of the Cit of XXX County of XXX State of New York. Seeing it came from a CCR we did not think it was legal and he was never notified of a court date. Now 2 months later Bank accounts are being Frozen, one Bank sent us the "Information Subpoena" they had received.
We check his credit report and they show no public recrods on file - we did notice the CCR (or lawey office that sent this Judgement out) did a credit check 5 days before sending out the Information Subpoena.
He is in his late 30's, a college student (due to grad. in about 3 yrs) with a part time job, no real money in the bank (enough to make truck payemnts each month), only asset is his truck that he is still making payments on.
Please help us on what we should do
He is going to call the County Courts that is listed on the paper work we have to see if the "Court Indes no" is on file - What else should we do?
Thank you in advance for the help and advice."
MichaelG said: "It sounds like bad service. I would go down to the court that filed this judgment, give them the case number and ask for their file on the case. Look in the file for the proof of service. I'll bet it's bogus, or indicates the wrong address. Let them know that you want to file a motion to set-aside the judgment due to bad service."