Credit Cards, Rating, Repair My Summons has a Forged Signature

[TDL88]

Jurisdiction

North Carolina

I received a letter from a shady debt collection law firm(plenty of bad reviews online) in Wake county NC that they have gotten a judgement against me for a credit card debt that I was working with BofA to pay off for the last 5 years. Problem is they never served me so I had no idea about the court date. I went to the county clerks office and got a copy of the case file. They claim to have sent the Sheriff to my place and said they sent 4-5 certified letters to my address that kept getting returned. I think I had moved by this time too. Then all of a sudden they claim that the last one was signed by me! I have a copy of the return receipt and it is clearly not my signature or handwriting! Somebody from the law firm I am guessing, forged my signature and submitted into evidence of me being served so they could get a judgement.

I can provide handwriting samples and signature samples dating back to documents 10-12 years ago. Would this be enough to take this law firm to court, sue them for defrauding me, forgery and get the judgement thrown out?

 

[army judge]

I received a letter from a shady debt collection law firm(plenty of bad reviews online) in Wake county NC that they have gotten a judgement against me for a credit card debt that I was working with BofA to pay off for the last 5 years. Problem is they never served me so I had no idea about the court date. I went to the county clerks office and got a copy of the case file. They claim to have sent the Sheriff to my place and said they sent 4-5 certified letters to my address that kept getting returned. I think I had moved by this time too. Then all of a sudden they claim that the last one was signed by me! I have a copy of the return receipt and it is clearly not my signature or handwriting! Somebody from the law firm I am guessing, forged my signature and submitted into evidence of me being served so they could get a judgement.

I can provide handwriting samples and signature samples dating back to documents 10-12 years ago. Would this be enough to take this law firm to court, sue them for defrauding me, forgery and get the judgement thrown out?

You have two options, actually THREE.

One, you can pay the alleged debt.

Two, you can go to court and attempt to get the "faulty" judgment "set aside".

This link explains the process:
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You have a debt collection judgment against - Guides - Avvo
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Three, you can file for bankruptcy. Simply filing for a chapter seven BK will "stay" any action the judgment holder can take. Completing the BK will have the judgment discharged.

In my view, number THREE works without fail.
Numbers two and one have issues.

 

[adjusterjack]

Would this be enough to take this law firm to court, sue them for defrauding me, forgery and get the judgement thrown out?

You've got a whole bunch of carts before the horse.

First you have to get the judgment set aside. If that's successful, THEN the creditor can refile the lawsuit and, if you owe the money, win and then it's all over.

If you win (by some chance) THEN you can do whatever pleases you.