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jackson212

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Everything posted by jackson212

  1. I can't seem to find even one lawsuit against them. I logged on to pacer and tried numerous searches, and nothing. Why hasn't anybody attempted to sue them? It's like they are flying below radar.....that is NOT good. They need to be sued. In the meantime I do need to extract information on the alleged debt they are attempting to collect.
  2. I have no idea what this is. IF, and this is a big IF.......if this is related to delinquent debt, it is so beyond statute of limitations. BUT, it will be interesting to see what they have me on the hook for. Now I need to find a way to record my calls, because during that phone call there were some violations...I just couldn't get them on tape. Im going back to work. To be continued. I don't have time to quote but thank you for finding Brockton-Moore consulting company. I did not have time to look them up earlier, but thank you all
  3. I received a call from a (315) area code. As soon as i answered the call the person said they were informing me of a summons that was filed against me in court. I said great where has the summons been filed so i can respond to it. He said i have to call a number and give them the file number so i can obtain that info. I said no, i am not calling anyone, if there is a summons and complaint against me i'll answer it as soon as I know where/what court it is located. So he gives me a number to call and the file number and hungs up. the number i was given is (855) 313 5797 Apparently, someone wants to sue me, or has sued me. Which is fine... They apparently don't know that i can be litigious. This JUST happened. They know my name, DOB, and even my new home address that hardly anybody has. Very weird. I am in the military and will ship out in 10 days for training, etc. They will probably serve me when I have shipped out. I'm starting a running tab on their violations........... I don't know who this is but they better be careful who they mess with. ALL my debt is paid, i owe nobody anything. 5 year perfect payment history is important to me......oh yeah if anything ends up on my credit report from this phantom debt i am applying for credit and hoping to get denied, then the real war begins i am going to work now, updates to come
  4. thanks BV80. By the way i will be disappearing from the site again. Headed to the military. I'll be back here after the summer! woohoo
  5. This was not against a JDB. This was against another person. Contracts case
  6. Yes and No. The paper I signed was a declaration, by me, telling the judge that the judgment has been satisfied AND also me consenting to Defendant's motion to vacate the judgment pursuant to Rule 60-b-5 .........."On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons: -b-(5) the judgment has been satisfied..." The motion to vacate was a separate document, which they were going to file regardless. So the attorney basically wanted to file both documents. (I don't know whether they were going to use it to pull credit and remove the judgment from his credit, or just to vacate the judgment) After talking to a close friend, he said I should treat this as business, and not take it personal. In other words, I was advised to take my check, and consent to what they want for the sake of moving on quickly and without further conflict. Lastly, I was advised not to try and "stick it to them" by opposing their motion to vacate, which I was very prepared to fight. I am unsure whether he even knows how to remove the judgment from credit report, but I don't care, not my problem, I decided that I just want to get paid and move on along. But at the end of the day, I have my check. And I am happy to consent to the motion to vacate, and hopefully I have not picked up any negative karma along the way. (My friend made a biblical reference, and I wasn't going to argue with that.) In the meantime, I will be happy to post sample documents that I used during post judgment (writ of execution, etc) so that it may help someone in the future. As always, thanks for all the backup help. I needed help and you guys were all over it with awesome ideas.
  7. everything taken care of. check in the bank. thank you BV80 thank you all
  8. Lasly, can someone help me calculate judgment interest? lets say $20,000 and judgment was entered March 26. -- I'm finding an interest rate of .25 (The 1 year constant maturity treasury yield for the week of march 20, 2015) -- Amount is $20,000 -- I calculate 26 days since March 26, 2015 to April 2015. -- My calculation yields a daily interest rate of $1.39, multiplied by 26 days, for a total of $36.14 in interest due. Is this about right with regard to interest? Anyone know anything about this? Am i way off with my calculations?
  9. i have the document that he wanted me to sign. Basically, its a declaration, by me, stating that I have been paid and that I consent to the Defendant's request to relieve him of the consent judgment and to lift the judgment. To me it sounds like a hidden motion to vacate the judgment. I do not want the judgment vacated. I am willing to file a Satisfaction of Judgment, but I will not take part in vacating the judgment. Let him feel the wrath of the judgment for 10 years. The check has been cut, i saw it, its just not in my hands. But it will be.... @WhoCares1000 Whats up WhoCares i think i remember you from when i first joined. good point, i already have writs that are about to be executed, and a motion for garnishment that (i assume) is about to be granted.
  10. we have a settlement agreement which is public. It was made public so that the court would have jurisdiction to enforce the agreement in case the defendant breached the agreement, which he did. Other than that i don't know what the attorney would want the NDA for.
  11. whats up BV80! I think that's where the issue lies... I don't want to sign ANYTHING until the check clears. And the only thing i am prepared to sign, is a Satisfaction of Judgment which i will prepare on my own and when i am ready. The more i think about it, the more it irritates me that i have to jump through hoops........and I'm the judgment creditor.
  12. you should fight it. At the very least, Motion To Dismiss for lack of standing, as there is no proof of assignment from the original creditor. Force them to produce it, most likely they wont produce the entire assignment with all the pages and exhibits. If you have the time to go to court and present your arguments, i would fight this. I wouldn't just give up. I helped my dad, who was in the same exact situation as you. In the meantime, have they made an FDCPA violations that you know of? Maybe you need to turn the tables on them, obviously if you have the time and the will to fight
  13. @ CCRP626: Thanks. Gave me an idea! @ myscoresawful: Thanks. I'm not nervous about meeting the attorney at all. I"ve argued with them in court before, so i'm ok with that. I just don't like the idea of saying "we'll give you the check, but you have to sign this at my office." In reality I feel no obligation to sign anything and i dont' want to. I just wanted a "nice" way of saying "you need to pay me or im going to the judge.......and by the way the judgment is collecting interest until you pay me" although i have litigated pretty well, I have little experience with the situation that i am in. i don't want to be held hostage Thanks all. much appreciated
  14. I am the Judgment creditor. (this is a contracts case, not related to debt collection) The Judgment Debtor's attorney emailed me and said they have a check for me. I need to go to his office and pick up the checks and sign some documents to have the judgment lifted. I am pro se, and have been since I filed the case in federal court. Honestly, I just want the check and if it clears I can sign a "Satisfaction of Judgment" on my own and file it with the court. I feel like they are holding the check hostage. How do I convey this without sounding difficult? I want my check, (close to $20k) but I am not willing to sign documents before I cash the check. can I file a motion with the court to force the attorney to hand over the check without me having to meet the opposing attorney and sign docs? Also, I don't even know if interest was added to the judgment amount....... Does anyone have experience with this? I will convey this in an email to the attorney, I was hoping to get advice on diplomacy **Edit: This is in federal district court, NY
  15. i actually think i like the two word: pound sand gosh that is freakin funny
  16. i REALLY really wish there was a way to respond with just one word. for example, "die" i have not figured it out yet LMAO
  17. For the life of me i am unable to figure out how to fill out this writ of execution. I won a civil case agianst defendant, judgment has been filed, i want to levy bank account. US Marshal said i need to give them a copy of writ of execution and I can't seem to find a soul that knows what the heck this is or how to fill it out. I need to fill out the first page of this document HERE or click the link below http://www.nysd.uscourts.gov/file/forms/writ-of-execution-against-property lets say defendant's name is john doe and the bank is Citibank **edit*** i think im missing the key piece of the puzzle, which is something called the PROCESS RECEIPT AND RETURN .......
  18. standing is an important issue and needs to be raised, if it hasn't already. Especially if you get the same judge who heard your summary judgment motion. Simply say that in addition to everything else, JDB has not established standing to bring the lawsuit of this alleged debt. I think what you said in your summary judgment motion is excellent. You stood your ground and said the right things, enough to convince the judge that you're on to something. i have not followed your progress, but good luck. when is your trial? stay confident and win at trial
  19. Find out if there is a law library near you. Like stated before, Pacer can get real expensive REAL FAST. as an alternative, use recapthelaw http://archive.recapthelaw.org/ you don't need to add teh firefox extension, just use the link above and search. that tool is BRILLIANT. What exactly are you looking for, perhaps the board here can help?
  20. I did not even realize, but i think this is post #1,000 for me!!! anyway, a little background: http://www.creditinfocenter.com/community/topic/314036-midland-settles-brings-me-to-10-wins-0-losses/ My current/last lawsuit was non-JDB related, but I filed a lawsuit in federal court which resulted in a settlement, consent judgment signed by me and defendant. Judge should be signing the consent judgment now. My assumptions are that: in a chapter 7 bankruptcy, the bankruptcy trustee can (will) accord the debtor complete relief from creditors and/or debts owed and discharge all debt. There are situations where the Court/trustee will fail to discharge debt, for example when the judgment creditor's underlying lawsuit alleges fraud or intentional misrepresentation. So my question, (i have two): 1) When the trustee decides not to discharge debt for reason of fraud or intentional misrepresentation, must the underlying lawsuit merely allege fraud/misrepresentation even if it ended in a consent judgment or must the fraud action result in a judgment on the merits for it to be considered fraudulent? 2) I am under the impression that liens can survive bankruptcy. With a consnet judgment how can i attach some sort of lien on the judgment debtor? Must the lien be on property? Suppose the debtor does not own a car, or house, can i place a lien on debtor's bank accounts, etc? This is new territory to me
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