MovingForward
Palm Beach Gardens,#2Consumer Comment
Sun, February 26, 2012
Don't shred the paperwork as advised above. It won't solve your problem. If you stick your head in the sand, it doesn't make the problem disappear.
A judgement in California lasts for 10 years and then can be renewed during the tenth year for another 10 yrs. This can go on forever until its paid or vacated.
You are better off doing as poster #1 suggested by going to court and using the defective service to vacate the judgement.
Shakespear2012
Las Vegas,#3Consumer Comment
Fri, February 17, 2012
Tell me about it. Kimball Tirey St John are theives and robbers. The attorneys who work there should be disbarred. Their practices are shady, unethical, if not illegal. it doesn't take much to search them online and see how many problems they have. It's also very evident they've launched massive internet PR campaigns to cover it up. Class action suit against them, anyone?
msmontecarlo
USA#4Consumer Comment
Fri, May 13, 2011
Shread the garnishment papers and burn them. If they are refusing to give you any imformation rip the papers up and toss them in the furnace
zeroarctic
Fairbanks,#5Consumer Suggestion
Wed, May 11, 2011
This shouldn't be that hard to fix. If you were never served with this suit and you never agreed to pay a collection agency anything:
1. Find out which court awarded the judgement to these people. You should be able to do so through the garnishment papers.Don't call or otherwise have any contact with the collection agency.
2. Review the alledged service contained in the court documents for the case.This will give you the info needed to proceed. For example, the service might state that they served a person at an address that you never lived at or was served on someone you never heard of.
3. File a motion pro se to reopen the case due to improper service. It might be possible to get a consumer rights attorney to take this on pro bono. It would be worth checking.
4. The judge might dismiss the whole thing after you establish defective service. They don't like seeing abuse of the process. Alternatively, this will reopen all avenues to dispute the debt in it's entirety. Enough Rip Off Report entries have been made where I don't need to go into statute of limitations and other such affirmative defences.I would recommend requesting a stay of the garnishment while the case is ongoing.
5. Assuming you are successful, it would open the option to recover the monies illicitly taken through the faulty garnishment and possibly give rise to a claim for damages.
6. Review the Bud Hibbs website for additional detail .