Filing lawsuit against CA/Lawyer for Violation of FDCPA and state debt collection law

[elljaybee]

I'm tired of this crap.

Default Judgement filed against me end of last year by A$$holees Accept.
Just got notice in mail of Garnishment of Wages from my employer.
Checked bank acct. online and found out that was hit too (they placed a lien).

Just decided I'm going to the courthouse first thing after the holiday (Tuesday) to--

file a motion to vacate the judgement,
file/ask for release of the writ of execution (of garnishment),
and file my own suit case against A$$holes.

My basis for doing all of the above is that A$$holes violated Federal and Maryland debt collection laws by lying/representing the facts in their case against me (where they got the Default Judgement). The debt owed was waaay out of SOL.

I'm looking for the judgement to be ruled "void" based on that, and subsequently "vacated".

Didn't have a friggin' clue about my rights before, but after a couple hours (read: DAYS!) hanging out here, I'm a tad more informed.

What y'all think about that?

I feel better already just letting it out...breathe...breathe...

[merrybucks]

Default Judgement filed against me Were you served properly? Did you fail to file an answer because you weren't served? They may have lied or misrepresented the facts in their pleedings, but that in and of itself isn't a valid reason to vacate a default judgment. You need a valid reason on why you failed to respond to the compalint.

[Lilmspj]

Make sure you ask for a print out of all payments and accountings.. You also want to consider and countersuit for damages. Research you judge so you know what he/she wants too!