Hello and thank you for your time
2011 i had a credit card i never paid off. In late 2012 into 2013 i was summoned in small claims court. Using this wonderful forum i was able to defend myself pro se and have the plaintiff withdraw the case. There was definitely some tomfoolery about, they represented themselves as captial one which they were not and the affidavits appeared to be robosigned.
In 2018 a new plaintiff appears (CACH llc) and summons me, at an address (will county Illinois) i had not lived at since 2014. I never received the summons and this past july 2022 a judgement was rendered against me without me ever finding out about it. This week my employer received a summons for wage garnishment.
Right now i am at complete loss at what to do next. What is the proper way to appeal the judgement.
1. Who is the named plaintiff in the suit?
CACH llc
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
resurgence lgl grp
3. How much are you being sued for?
$ ~1800
4. Who is the original creditor? (if not the Plaintiff)
Capital One (2011)
5. How do you know you are being sued? (You were served, right?)
Summons to employer for wage garnishment. i was never served.
6. How were you served? (Mail, In person, Notice on door)
mail i never received
7. Was the service legal as required by your state?
idk?
8. What was your correspondence (if any) with the people suing you before you think you were being sued?
none
9. What state and county do you live in?
will county illinois
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
early 2011
11. When did you open the account (looking to establish what card agreement may be applicable)? 2011
13. What is the status of your case? Suit served? Motions filed?
Attmepting to garnish wages. employers court date is set for jan 23 2023. Default judgement was rendered july 2022, i was unaware.
14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) -
previous collection attempt in 2013
15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract')
no
16. How long do you have to respond to the suit? (This should be in your paperwork).
not sure
. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?
employer received questionnaire for garnishment
17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
affidavit. certificate of mailing. default judgement ruling.