Beach Phoenix

Members
  • Content Count

    19
  • Joined

  • Last visited

Community Reputation

2 Neutral

About Beach Phoenix

  • Rank
    Member

Profile Fields

  • Location
    California
  1. Question...how does one go about finding out who the bonding company is for a process server in California? I have been doing some reading on this site (and others) concerning going after a process server for improper service, but have no idea how to even begin. Both of the POS in the cases against my DH are completely fraudulent, and I would very much like to put the fraudsters out of business if I can. Anyone? Also...meeting with consumer attorney (still of questionable competence - I think I know more about how all of this works after reading this site) today, and will report back with any info. we learn which might be beneficial to others reading or paying attention to my rambling posts. Again, thanks to everyone who keeps reading this and for your input (and likes ). Without websites like this, the scourge of society would always prevail, and it's nice to know that there is a resource out here for those who want to fight back and pay it forward. Bless you all.
  2. Thank you again to everyone who has responded (like you Graym Just for the record, I have made more than 10 inquiries to 10 different attorneys in my county over the last couple of days, asked the same questions to each of them as I have posted above, and received almost 10 different answers! There seems to be absolutely no consensus amongst them as to whether or not JDB can levy on me without amending their Judgment to include me (which I would think would be very hard to do, since the SOL has run on the original debt.) Meeting scheduled tomorrow with an attorney to go over the documentation. Hopefully, I will get valuable information and insight to share which also might help someone else reading this thread.
  3. Thank you, Shellieh98. I was able to confirm with a California attorney that they cannot touch my finances, unless I am a co-defendant and listed in all of the Judgment paperwork. They can, however, levy on a joint account, and we will be closing that one today (if DH is up to going out). Hopefully this information helps someone else from CA. I am now trying to figure out whether we should do a Motion to Quash the Writ in lieu of a pending Motion to Vacate the Judgment, or file something called an "exemption" with the local sheriff's office?I am finding plenty online about a Motion to Quash/Stay the Writ, but not much about the exemption. As always, if anyone out there has any information or ideas about where to look for the exemption form, it is greatly appreciated. <3 <3
  4. Well that's a good question, @, and now something we really must be concerned about. I suppose tomorrow I will have to go and empty my bank accounts as well. I cannot believe after speaking with 2 different attorneys today, that I can't find one in this county who knows the answers to these 2 questions: 1. Must we also file a Motion to Quash the Writ of Execution in addition to the Motion to Vacate the Judgment? 2. Even though I am not named anywhere on the Court papers, and I did not have the opportunity to use anything on the credit card in question (and didn't sign any credit card agreement, nor was my income considered at the time my DH applied for the card) am I also someone liable and subject to wage garnishment and bank levy along with my DH/ I am in California - please if there are any attorneys out there who can answer these questions, can you respond? In the alternative, are their any consumer attorneys in Orange County who someone here can recommend? I have not been able to get a competent answer to my questions from any attorneys I have spoken with in San Diego county. THANK YOU for any information you can provide.
  5. Hi @Wins the Battle. We emptied his bank account this morning, before I had to take him to his dr. appt. He will have to stop direct deposit tomorrow if he is feeling well enough to go back to work. Unfortunately, that's one thing I can't do for him. Fortunately, we have separate accounts and have for quite some time (the one good piece of advice from the attorney) and since I figured I am not on any of the Judgment paperwork (the original debt was on one of the few ccards DH had in his own name - no co-account for me) and we have only one small bank account together (which has less than $100 in it) I think we will be okay there. I thoroughly intend to have as many ducks in a row I can before I fire one shot across the bow - I am determined if we are going down, we will NOT go easily or quietly.
  6. Thank you, Graym. I am going to do some research this evening when I can about Motions to Quash Writs of Execution and Ex Parte motions too. I am trying to figure out if I can just file everything all at once, and handle the stay of the Writ, in addition to any pending levy, along with setting aside the default so we can have our day in Court. Of course, if I could speak with an attorney who knows the answer to that question, that would help, but the one I spoke with this morning had no clue, and was more interested inhaving us fill out bankruptcy paperwork for her firm.
  7. Thank you all. @calawyer, are you out there? I have some down time for a few minutes while DH is with the doc, so I called another NACA consumer lawyer about our dilemma who admitted it had been more than 10 years since she had drafted a motion to vacate a default judgment, and she had NO IDEA whether or not filing such a motion would stay the Writ or a bank levy (?). Consumer attorney in San Diego county ANYONE?? Went to the bank this am and drained the account, so we are safe with that for now, but we still have to worry about a wage garnishment. I am all but ready to file my Motion but need to finish the Answer/ General Denial first, and want to at least know I am on the right track. Thanks again to all of you who have responded and keep reading my posts. :~)
  8. San Diego. FWIW, I did stay up last night and have drafted what I believe to be a fairly decent Motion to Vacate the Judgment (for a layperson of course) but what I don't have and don't know how to handle is whether or not I should include a General Denial with the motion papers (if it comes to that). The original complaint does contain a last page entitled "Verification" and is signed by the attorney whose name is on the lawsuit for Unifund (whoever they really are). I am ready to have our neighbor file the motion papers for me tomorrow if necessary, but don't know if I have to prepare a regular answer, or a general denial will do. Thanks again everyone for giving us hope that we don't have to take this lying down!
  9. I suppose I should also include this list now too: 1. Who is the named plaintiff in the suit? Unifund CCR Partners 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Kenosian & Miele 3. How much are you being sued for? $6,000 4. Who is the original creditor? (if not the Plaintiff) Citibank (I think?) 5. How do you know you are being sued? (You were served, right?) Discovered Default Judgment after reviewing Court records prompted by an unrelated matter. 6. How were you served? (Mail, In person, Notice on door) Never served with either Summons and Complaint or with Default Judgment papers. 7. Was the service legal as required by your state? No. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None. 9. What state and county do you live in? California. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I think 2009. 11. What is the SOL on the debt? 4 years 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Default Judgment entered 8 months ago, Writ of Execution filed 3/27/14 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. Not applicable. 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Not applicable. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. In reviewing the exhibits within the last hour or so (I ordered a copy of the docs online) it appears this debt has changed hands more than 3 times before Unifund got it. These "bills of sale" were attached to the default judgment papers.
  10. Another poster suggest I cut and paste some basic info here after posting on another thread. My apologiesif I am not supposed to do this, but I am really seeking input and advice. DH and I just discovered he has 2 default judgments against him in our county court. We were absolutely never served with a complaint in either case. We only found out about any sort of legal action against him when we received a subpoena duces tecum from an attorney for Capital One asking to review our mortgage records. This was the first we knew there was legal action taking place. We successfully had the subpoena withdrawn and (stupidly) thought this was the end of it (of course it wasn't). This was in 2011. While doing something totally unrelated to court related issues, I just discovered a second default judgment entered against DH in 2013. Once again, we were NEVER served. I was encouraged by another poster to this site to see if I could get access to the Court records, and I was able to download copies of the important documents for both cases tonight. In reviewing the latest judgment and register of actions, I now see that a Writ of Execution has been filed in the second case. We are in no financial position to accept either a levy of DH's bank account, or a garnishment of what is left of his wages, so I need to find a way to halt this until at least late next week which will be the earliest I can consult with an attorney. In reviewing the proof of service for both of the complaints, I can tell with certainty the proofs are a flat out lie - they indicate service upon someone in one of the cases who is not even the same race, and in the other case, they indicate substituted service was made upon a co-occupant of our home on a date and at a time nobody but my child and I were home (and I can prove it) and the "co-occupant" they served was of the wrong sex. Like most folks, DH and I have been through the ringer in the last 5 years (both lost jobs, almost lost house, car repossessed, major health issues) and we ended up with debts we have not been able to repay. DH is still very ill, I am the primary caretaker for my 95 yr. old mother, and I still have a minor child at home. I am spread quite thin, and need to maximize both my time and what few resources we have left to keep us from losing everything. I would like to know if I would be wasting my time if I stay up all night tonight to draft a Motion to Vacate the Judgment in an effort to stay the Writ of Execution or if I am just wasting my time. I only need to buy enough time until I can get an appointment with an attorney (which I suppose may or may not do any good). As always, TIA for reading this far, and for any guidance you can provide. (sorry about the formatting - when I tried to cut and paste from my other post, this is what I got)
  11. Thank you again, Determined1! I did read the links you provided, and it looks like we may have some time to at least stop things, provided that the Sheriff won't lie about the Notice of Levy (we haven't gotten one of those yet). Does anyone out there reading this know if a Notice of Levy has to be delivered via personal service? I have just done some reading regarding the 10 day time period in which to object to the Notice of Levy, but see that the "bottom feeders" oftentimes have the Sheriff (and others) in their back pockets, and will routinely "lie" when it comes to actually serving the documents (like the liars who signed the Proofs of Service for the Summons and Complaint in these lawsuits). If we still have time, I may try to cobble together a Motion to Vacate the Judgment and have my neighbor file it for us on Monday, if that will stall the process of the levy. Need any advice here, as this is a weekend, and if I need to draft this thing this weekend, I have to start now. If I will just be throwing good money after bad, I need to know that too, as the earliest I can get to talk to a lawyer is next Tuesday. A meeting in person can't take place until Friday. I need to know if I need to do something right away. As always, TIA to those who try to assist. We are eternally grateful.
  12. Thank you, Determined 1. I think we now have a greater problem, since the "bottom feeders" have issued a Writ of Execution, and I cannot sit by and wait for them to seize what's left of either DH's bank account or paycheck. Gee, when it rains it pours. Is there another forum/thread to post regarding advice for Writs and bank levies? I couldn't locate one, and I'm afraid I'm not forum savvy enough to know how to re-title this thread and bump it to the top.
  13. Okay, I took the advice and found out that I can actually view (and purchase) documents from our county court website, and just went online to the ROA to find out a Writ of Execution was issued for the latest Judgment on March 27, 2014!! I have printed the document out and upon examination, looks like they are not requesting a "notice of sale at this time"? Says they are enforce the Judgment, but it doesn't say whether it will be a bank levy, wage garnishment, or property seizure. Does this automatically mean bank levy or wage garnishment? Of course, I have no access to an attorney because it's the weekend, and DH is undergoing medical procedure on Monday so that day is most likely shot too. Any ideas? If there is something I can file to at least stay this thing until I meet with a lawyer next week, I can have a neighbor do the filing for us, but I can't seem to find anything on this site that deals specifically with Writs of Execution. Help.
  14. Thank you both. I can tell you right now that neither service was considered "proper" here in California. In both instances (I have seen both Proofs of Service and the attached Declarations) they say they "served a competent member of the household over the age of 18 years." and proceed to provide a physical description of someone who is not a member of our household (stating that person is of a completely different race). Also, in one of the POS, they indicate the process server who served the documents is licensed in a county and city more than 800 miles from where he served us. I wouldn't think they would hire someone from 800 miles away to drive here serve papers for a case worth less than $5000, would you? I did Google the name of the individual, and it says he is a licensed process server in this state, but lists his business address as a PO Box 800+ miles from where we live. The second POS isn't much better. Says they served someone not matching any physical description of anyone living here on a day that I know I was home, as was my child. I remember the day very clearly as both of us were home in bed sick with the flu, as we were supposed to go somewhere with friends that day and had to cancel. Nobody served anything at our house on that day. I will take your advice and order a complete copy of the Court record, and see what I can find about unliquidated amounts. I must say this is very, very disturbing. I scrolled through the Court website and see literally dozens of these sorts of cases on the system by the same individuals for the same reasons. Hard to believe some folks believe the way to make an "honest" living is by filing falsified documents against many people who are victims of the economy or circumstance (like we are/were). How could we as a society get so greedy and sink so low. No answers needed - this is a rhetorical question.
  15. Thank you again, Clydesmom. I have just fired off an email requested appointment availability for a consult with another NACA attorney in a neighboring county. Hopefully I can either set a telecon to discuss the issues, or an appointment after hours. In reading through all of the materials on this site, I honestly believe we also have FDCPA violations as well, but of course have not been addressed due to the other issues in our lives. Maybe bringing these to light with another NACA attorney may make them more likely to be interested in this case, as it may be more "worth their while" than just tilting at windmills (if that's what they believe it to be with fighting the default judgments). Once again, thank you for taking the time to respond.