Man claims he was unaware of judgment against him

A Georgia man claims a bank wrongly obtained a judgment against him after it deliberately sent a notice to the wrong address listed on a loan. 

Gradey Caldwell filed a lawsuit Oct. 15 in Jefferson County District Court against City National Bank.

Caldwell claims City National sent a letter to Caldwell at 1619 Independence Ave. SE in Washington, D.C., to notify him of the default on a loan

Caldwell had allegedly guaranteed. The only problem was that Caldwell resided at 4627 Meadow Bluff Lane in Suwannee, Ga., according to the complaint.

Because the citation was sent to the wrong address, Caldwell claims he never had an opportunity to correct the default on the loan. In fact, it was not until Aug. 1 that Caldwell realized that a judgment had been entered against him after a collection agency attempted to collect the money, the suit states.

“Plaintiff has no adequate legal remedy now available to avoid the effect of the erroneous judgment, in that plaintiff did not receive notice of the judgment or acquire actual knowledge of the judgment until the time for filing a motion for new trial,” the complaint says.

In his complaint, Caldwell wants a new trial to be granted and an order that the previous judgment be vacated. He also seeks a judgment that City National take nothing, plus costs and other relief the court deems just.

Thomas F. Jones III of Houston will be representing him.

Judge Milton Shuffield, 58th District Court, has been assigned to the case.

Case No. D193-351