Reply:I think they are just 2 separate issues that should be dealt with individually. Keep on with your motion to set aside judgment AND file a motion for vacation (yes, I am ammending my first answer).
Reply:Thank you.
My 21 days were up on Friday, but I did file a Motion and Affidavit to Set Aside Default judgment. Is this not enough? Or should I/do I have time to ask the judgment be vacated?
Reply:Take one step at a time. Basically, what I would do is have the judgment vacated first.
If they file another lawsuit, it is a completely different case and everything starts over. Yes, you are within the statutes of limitations, but they may not have a thing on you. I'd also report these guys to your state attorney general.
Reply:Thank you for the response. I was hoping to hear from someone.
This is what I wrote as the defense:
I did not receive a Summons and Complaint, therefore was not allowed my right to file an Answer with the courts. Wolpoff and Abramson (Great Seneca Financial Corporation's attorney) failed to serve me with this.
I did not have the right to request Verification of the debt, therefore never getting any proof that the debt was actually mine under the FDCPA.
I the defendant have the right to be informed of any legal actions against me and certain procedures by law are required. I have lived at the same address (stated my address) over 3 years and would have received any papers in the event that they actually sent them to me, which they did not.
I have done extensive research on Wolpoff and Abramson and their practices at obtaining judgments. Through my research, I'm sure they will produce papers that show they followed procedures, but in fact will be unjust and untrue. No paperwork ever came to my home to inform me of this lawsuit.
I feel I am also a victim and they did not follow the Michigan Court Rules and Procedures.
By law, I have rights and they were not entitled to me.
The FDCPA requires that debt collectors send consumers a written notice that includes, among other things, the amount of the debt, the name of the creditor to whom the debt is owed, and a statement that, if winthin thirty days of receiving the notice the consumer disputes the debt in writing, the collector will obtain verification of the debt and mail it to the consumer. The FDCPA also provides that, if a consumer does submit a dispute in writing, the consumer must cease collection efforts until it has provided written verification of the debt.
I did not have the option in this lawsuit. No form of communication was sent to me.
I the defendent was not properly notified. I did not in fact have knowledge of the pendency of the action and ask the court to set aside the default judgement until the proper procedures are taken. I would like to excercise my rights to be able to be heard.
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I do understand that if they prove the debt I will have a judgement anyway. But I believe the violated my rights by slipping this through behind my back.
I would also ask the courts to establish payments, and hope that would exclude them from draining my bank account, which I cleaned out yesterday. I will end up closing it.
Now, if I pay, and the case gets dismissed, how will that show up on my credit report?
Reply:What did you cite in your motion to set aside the default judgment?
Did you state that you were not served?
Next, you have to think about what you have to gain. MI has a 6 yr SOL. You last paid in 2002 and that leaves 2008 for the expiration of the SOL.
If you set aside the default, you will be heard, they will have to prove the debt, but if it is valid and they have the documents, you will have a judgment anyway.
Do you have the $ to pay this? If so, you may be able to get the default set aside, pay the debt and then have the case dismissed. I haven't had any experience with W&A so how about some who have chime in here….
Reply:I also wanted to ask anyone what should I do if the courts deny (not sure of the exact wording) my motion to set aside? Will I get another 21 days or ? to file something else again?
January 1st, 2012 
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