I had a few judgments placed against me while on Active Duty. I have copies of both affidavits of service from the two judgments. I would have liked the opportunity to dispute the amounts by both judgments. The one filed by Discover Card has two affidavits of service. One from Discover Card's Legal Placement Accounts Manager and another from a local attorney representing them. They are filed at the local Supreme Court. The local attorney stated they served someone by the name of John Doe at my residents back in October of last year. Be advised there is no one by such name that resides here nor fits the description 5'9", white, male, gray hair, in 50's, 180 lbs. Discover said that to the best of their knowledge I was not in the Military. The Local attorneys fictitious character said I was not in the Military at all. Questions. What is a fair amount an attorney should charge to represent vacating the judgments (with prejudice if possible) and freeing up my checking account. Also if I can sue both Discover and the other attorney for improperly serving the summons (even perjury) what hassles would I be looking at, possible money involved if I win, and what percent of lawsuits won go towards bankruptcies? I would like to sue just on principle and file the bankruptcy so they don't gutter serve anyone else again.
It's impossible to say what a fair fee would be without knowing more information about you, where you live, and the details of your case. Some attorneys may be willing to handle a case against the creditors on a contingency and include the motions to vacate as part.
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