mardi 25 octobre 2016

Default Judgments: Not Served

My question involves court procedures for the state of: TN

I have a judgment entered against me for an old bank account. The summons was issued on 7-22-15 and the court date was 9-3-15. However, I was never served or made aware of this court proceeding. It states that this was served to a name and address that is not mine and someone I do not know. I know that I am outside the timeframe to have this judgment set aside (I believe it is 6 months) but I’m trying to see if there is anything else I can do regarding this judgment.

The account in question was a Fifth Third Bank account which was also involved in a class action law suit for unlawful overdraft fees. The lawsuit was for “monies advanced or loaned” meaning a cash advance which I did have with Fifth Third. I abandoned the account and (wrongly) assumed that since I was involved in the lawsuit that the remaining balance for the account would be forgiven. Should I just go ahead and pay even though I wasn’t served? I’d prefer to settle out of court as I am trying to purchase a home and do not want this judgment counted against me when trying to find a lender. Is there anything I can do to have it removed?

Thank you for your help


Default Judgments: Not Served

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