recently had wages garnished due to a default judg

recently had wages garnished due to a default judgement against me that i was unaware of. upon reviewing the proof of service, the process server claims to have served someone by the same last name at our home, that never lived there, and who i do not know. never was mailed anything either. hired a paralegal to write up a motion to set aside judgement, soon after got a call from plaintiff to settle for lesser amount via signing a stipulation. the plaintiff being Legal Recovery Law Offices on behalf of Midland Credit LLC. My question is why are they so eager to settle all of a sudden, and is it in our best interest to settle or to go to court? suit is for over $8K, they are willing to settle for $5,300.

3 Answers

Yep…Soaplady is right. To know more about the SOL, you may visit the following link:
http://www.debtconsolidationcare.com/statute-of-limitation.html
 


Is the debt out of SOL?  That maybe why they are trying to get you to settle.

How to Deal with Illegal Loans..OhioGal's Primer
http://www.debtconsolidationcare.com/paydayloan/dealingwith-illegallenders.html
PDL's are ILLEGAL in the following states...
AR, AZ, CT, GA, ME, MD, MA, NJ, NY, NC, PA, VT AND DC
OH AND NH have very restrictive low cost interest rate laws.

SOL for all states
http://www.debtconsolidationcare.com/statute-of-limitation.html

You can have the judgment set aside for improper service but you'll still have to pay, if they can prove it's yours.  Are you aware of the debt?  Is it legit?  Does the amount sound correct?  You may want to motion to have the judgment set aside and then quickly send a debt validation request to the collector.

How to Deal with Unlicensed/Illegal Payday Lenders - Step by Step Instructions

I am not an attorney. I am not offering legal advice. The information and ideas I share are my opinion only and do not necessarily reflect the opinion(s) of the owners of this website.

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