Complaint Review: Asset Acceptance - Brandon Florida

Ruby, A judgement is never "void". If there was a problem with the case you must get a judge to "set aside" or "vacate" the judgement. This just doesn't happen automatically as you suggest. It is time consumeing and expensive to get done. Or are you Lucile from Apopka, Fl? Or RubyRuby27 on (((link redacted)))? CLICK here to see why Rip-off Report, as a matter of policy, deleted either a phone number, link or e-mail address from this Report.

Ruby, A judgement is never "void". If there was a problem with the case you must get a judge to "set aside" or "vacate" the judgement. This just doesn't happen automatically as you suggest. It is time consumeing and expensive to get done. Or are you Lucile from Apopka, Fl? Or RubyRuby27 on (((link redacted)))? CLICK here to see why Rip-off Report, as a matter of policy, deleted either a phone number, link or e-mail address from this Report.

Under Florida law, Asset must serve Cristel with notice of the garnishment, after it's commenced, but a notice to debtor must be served shortly thereafter. This is to allow Cristel to file an exemption claim to the garnishment, such as a head of family exemption. If Cristel is having her bank account or paycheck garnished, she needs to take action to review the case file or at least the case docket of the case where execution of the judgment is occurring. She should also see the process server's affidavit in the case file to see if service of original process made af her normal place of abode to a her or a family member at least 15 years of age. If Cristel truly did not receive any notice of the action where a default judgment was obtained, that judgment is void, a void judgment cannot be executed on and she is entitled to restitution of the sums taken from her. If Cristel knew of the proceeding, then the default judgment would only be voidable from a meritorious defense and excusable legal neglect within one year from the date of rendering of the judgment.

In jacksonville, I havent recieved nothing in 3yrs supoosely there was a supeona I knolw nothing of it.

through all this? What is their legal standing in all this? Why didn't they question Cristel in reference to the garnishment request when it was apparently sent to them? One would have to assume that they were sent something. I don't know the logistics of how this works.

Cristel, It is very important to study and learn the laws that affect your rights. NO ONE can just garnish your wages without FIRST suing you, and winning, AND getting an order of garnishment from the court. AND, even if this happens, you can fight it and do a means test for hardship and they still get next to nothing. On the first garnishment they probably "served" you at an old address, so naturally you did not respond or have knowledge. Then when you failed to appear, they got a default judgement, and subsequent garnishment. This is known as "sewer service" and is illegal. In most states, including Florida, it is a FELONY to file false documents with the court. And it is an ethics violation that you can use to get the offending attorney disbarred. File a Bar Association complaint immediately against the lawyer who handled the first case, as well as this one. Get copies of all documents on each case. Find out what they falsified and file criminal charges, and a civil lawsuit along with the bar association complaints. It is also illegal to pose as an attorney or any other officer of the court. This is another criminal charge. STAY OFF THE PHONE!! Demand all communications in writing only, and you only reply in writing by certified mail, return reciept requested. be sure to put the certified# on the letter itself. This procedure is VERY important. Immediately on this new collections attempt, you want to send a "DEBT VALIDATION REQUEST" by the means above. Clearly dispute the debt, and DEMAND to see whatever you allegedly signed, as well as a full account history and itemization of charges. If they fail to provide this, they cannot legally continue further collections, as they would need all of this in court to win. Now, on the first garnishment, you should seek an attorney to get the judgement vacated, and you can sue for your money back that was illegally garnished. Go to FTC.gov and read and print out the FDCPA and while there, file an online complaint for violations of your rights. Good luck.