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Debt Collector Posted Summons At Address I Haven't Lived At In 10 Years (va)

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I just discovered my wages are being garnished due to a default judgment I knew nothing about. Here's what happened:

  • I have a legitimate old debt from Credit One Bank that was sold to LVNV Funding LLC.

  • In May 2024, LVNV filed a lawsuit against me.

  • They "served" me by posting the summons at an address I haven't lived at in 10 years.

  • Because I never knew about the lawsuit, I didn't appear and they got a default judgment.

  • Total judgment amount: $1,390.26 ($1,223.39 principal, $40.87 interest, $58 judgment costs, $68 garnishment costs).

  • I only found out about all this when my wages started being garnished.

  • Already garnished $228.93 from my paycheck.

I went to the courthouse today and the clerk said there's a 10-day limit on filing a motion to vacate judgment and that I can see if I qualify for any exemptions. I called the collection law firm and they just said "pay in full or the garnishment continues" when I told them about the improper service.

Questions: 1. Does the 10-day limit really apply when I was never properly served in the first place? 2. How can they get away with serving papers at an address I haven't lived at in a decade? 3. Is it worth fighting this with a lawyer given the amount is only $1,300? 4. Does this sound like an FDCPA violation? Any advice appreciated. I acknowledge it's a valid debt but feel like I was deliberately denied my day in court through improper service.

submitted by /u/NecessaryCoast8820
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