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Everything posted by judyg8or

  1. Thanks so much for your feedback. As far as proving the affidavit is a fraud, does this mean I have to prove the signer, Martha Kunkle was dead on the date it was signed? I have found her on the SSI death index, but do not have authority to order her death certificate. Would the court records from the lawsuit that spawned the class action suit be enough? I think I have to join pacer to get those. Here is a snippet from an article about the case that exposed the false affidavits: Portfolio tried to prove the debt by filing a notarized affidavit provided by a Martha Kunkle, who purported to be Providian's agent. "We made an effort to meet Martha Kunkle and verify what she said. It all kind of snowballed from there. They never made her available,'' Heenan said. The state judge ruled in Cole's favor and sanctioned Portfolio with a $6,000 penalty for disregarding his order to make Martha Kunkle and the notary public available for depositions. Further investigation found that "Martha Kunkle'' was actually her daughter, Lorraine Kunkle, a Washington Mutual employee in Texas, court records said. Lorraine Kunkle authorized other employees to sign the name "Martha Kunkle'' on thousands of affidavits, the complaint said. Martha Kunkle died in 1995 and never worked for Washington Mutual or Providian, court records said. The Cole case alleges that Portfolio and CACV bought charged-off debt from Washington Mutual and that the bank operated "a false affidavit factory. I pulled the affidavit from my boyfriends case and sure enough, it is signed by Martha Kunkle/MM.
  2. Hello and thanks in advance for any advice. Here is the situation: A default judgment against my boyfriend was issued in 2007. The Plaintiffs were Palaside Collections, CACV of Colorado for a Washington Mutual/Providian CC debt. In January he received paperwork about a class action lawsuit against CACV & Washington mutual. The jist of the class action suit is that CACV filed affidavits for proof of indebtedness that were signed by a dead person! Evidently a Washington mutual employee had other employees sign her deceased mother's name followed by a slash and the real employees initials. These affidavits were even notarized. My boyfriend opted out of the class, feeling that a measly $75 settlement check was not worth giving up his rights to possibly have his judgment thrown out. I am now helping him research this matter. Here is what I think I have discovered so far: 1. There is no time limitation to vacating a void judgment. 2. One of the reasons a judgment is void is lack or loss of subject matter jurisdiction. 3. Subject matter jurisdiction is lost when there is fraud upon the court. 4. Fraud upon the court was committed by the Plaintiff's attorneys when he filed a false/fraudulent affidavit. I guess my main issue is in all my googling, I have not found a single case like this one and would like to know if any one else agrees that he has grounds t0 file a motion to vacate void judgment. Thanks again! Judy