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Everything posted by Learnin

  1. Yep, definitely changing my banking strategies. Anybody's account could get hit with a writ at any time from any shyster anywhere....that's scary.
  2. Hmmm. Thanks, I'll look into that. Do you mean conversion suit as this definition describes, for getting my $125 back? http://legal-dictionary.thefreedictionary.com/conversion
  3. The bank will only reverse the 'legal processing fee' of $125 if they receive a 'letter of error'. The court isn't going to send that, so I'm pondering whether to ask SUttel&Hammer/Unifund to send a letter that the writ of garnishment was sent in error.
  4. Ok, so: Motion to Vacate Default Judgement and Stay Execution of Writ of Garnishment was scheduled for tomorrow Friday. Two days ago Unifund/Suttel&Hammer sent a release of funds to Wells Fargo, that put funds back in my accounts, though they kept the $125 legal processing fee they charged me (and will only reverse that if I get a Letter of Error from either Unifund or the Court). Today Thursday I got a call from the Bailiff, the Plaintiff put in a motion to dismiss without prejudice and and to vacate the default judgment, which A. I never recieved notice of and B. the Judge signed,
  5. Ok, well, if you want to do a Motion to Vacate Judgment and Stay Execution of Writ of Garnishment in Seattle; 1. Do all the paper work for Order To Show Cause, Motion on Order to Show Cause, Motion to Vacate, Proposed order on Motion to vacate, Declaration in Support, Note of Motion (form get from the information desk). 2. Pick a hearing date M-F that is minimum 6 days post time the other side would get served. 3. Put that date on the Order To Show Cause form, no time because it's a non-dispositive and thus non-oral argument hearing (I'd write that in there), and the courtroom of the Assi
  6. Oh, frustrating week. 1. Legal help at the law library gave me a packet, containint tmeplates for orders and motions. Great. But it is missin gone little tiny thing....how to get a hearing date/time. The instructions say to get the 'order to show cause to vacate' signed ex parte by a judge. But that requires a hearing date. After two hours going between three different courthouse employees and several law librarians on the other side of the floor (who constantly shook their heads at why the clerks were sending me back to the library instead of just helping me get a date), I spent the
  7. UNIFUND CCR, LLC Plaintiff, v. Learnin Defendant Case No.:xx-x-xxxxx SEA MOTION TO VACATE JUDGMENT AND TO STAY ENFORCEMENT OF WRIT OF GARNISHMENET; DECLARATION IN SUPPORT 1. Relief Requested. The defendant moves the court for an order vacating the void judgment entered in this action and staying enforcement of the writ of restitution. 2. Statement of facts and issues. This motion is based on the following grounds: A. Absenc
  8. I have a great chance of getting it dismissed with prejudice at the hearing on the motion to show cause? That would be cool. I'm not worried about them claiming substituted service. Obvious it wasn't, in a variety of ways, and I'm confident I could have that conversation. Will have to bone up on WA code of course, but the base fact that they mailed me collections notice in CA seems tough to get around. I don't want them to just claim 'oops' and dismiss, I want to get them. So it will get: 1. Dismissed at the hearing to show cause 2. Not get dismissed and have a trial scheduled (within 6
  9. If you 'vacate' a judgement, what do you do for a writ (of garnishment)? Right now my motion is titled 'Motion to Vacate Void Judgment/Order and Stay Execution Of Writ Of Garnishment; Declaration'. But thinking about it, I don't want to stay the execution, I want it revoked/cancelled/voided etc. If the Judgement gets vacated, does anything automatically happen to the Writ? I assume I still need to have the court revoke/cancel/voided etc, get an order telling the bank to release teh funds and tear up the writ, etc. Motion for....And Relief From Writ Of Garnishment? Or should I jsut
  10. Unifund only in CA, and I responded to them with validation of debt demand. Nothing from Sutter to CA, nothing on credit report. I could probably contact the gal at the old house in WA to see if they mailed stuff, but I don't know if that would help or hinder me unless she told the server I didn't live there and he didn't mention that, or they didn't actual deliver service to her like they claim.
  11. It would be substituted service if I lived there. I've lived in a different state for years. They knew I lived in a different state. They mailed me in a different state to let me know they were collecting.
  12. Woops. It was lost in there, I hadn't separated it out after I cut and pasted it over from Word. Edited it above. DECLARATION OF SERVICE Charles Reeves, reg #047507, Declares that “On 5-x-13 at 1PM at the address <address of house I used to own> this declarant served the above described documents upon LEARNIN by then and there personally delivering 1 true and correct copy(ies) thereof, byy then presenting to and leaving the same with Jane Doe, WHO REFUSED TO GIVE NAME, CO-RESIDENT, a brown-haired white female approx.. 35-45 years of age, a person of suitable age and discretion who st
  13. Thanks for that BTO429. So I got docs from the court today. 1. Summons, Notice to Service Members, Complaint. (e-filed Aug 13, even though documents are signed/dated May 13.) The Summons is not a on a court form like they are in California. It’s in regular numbered court document form with court name at top, plaintiff/defendant, case number (blank) and ‘SUMMONS’ and says: “A lawsuit has been started against you in the above entitled court by the above named plaintiff. Plaintiff’s claim is stated in the written complaint, a copy of which is served upon you with this Summons. In order
  14. Thanks for the warning. I should have already considered that, but didn't....Yikes.
  15. Thanks, that makes sense that the judgement is enforceable in WA. But I'm not kissing that money goodbye because they could only get a judgement by suing me. They never served me, they didn't bring suit in the correct jurisdiction, they knew my address in California, etc.
  16. It's a King County writ of garnishment. Wells Fargo legal says it was mailed to them (in Arizonza) by the WA law group. Would it need to be a CA court if I'm a CA resident (obviously it would for 'getting sued in the jurisdiction where I live') but as it's a national corporation (wells fargo), does geography even matter? What's the guiding factor in 'domesticated in the local court'?
  17. Thanks! I have no idea how to get there from the homepage, but thanks for the link. I took a look, and I wasn't in there. I'll know more Friday and on Monday and will have more questions about how best to proceed then.
  18. Hmmmm. The gal in legal at my bank said she was looking at an order from King County, WA, court. She wouldn't email me what she was looking at, I have to go into a branch, have them call, they she/legal will email them the order. I'll get that in the morning before I start driving north to WA. But....could they have done the order at a WA branch (wells fargo) and it just looks like it was CA because I'm in CA? I guess I should call legal again and ask if it was a CA garnishment or a WA garnishment?
  19. I've been in CA at least 5 years. Was in WA 12ish years before that. Did I claim it as my residence...I don't know, how would I do that? Register to vote, drivers license, mail box, utilities? Did all that I don't know yet when Unifund filed suit, Will know monday when I get case docs from the courthouse. I'm assuming they claimed to have served me, since King County court sent and order to garnish, thus I'm assuming there's been a court case filed and judgement filed against me. Again, will know more Monday. I don't remember what state I started the card in, CA is 4 year SOL, I b
  20. Called the King Co Law library, sounds like I'll just have to go to the courthouse Monday am and pull the records. Here's hoping that the judgement/garnishment came from King county.....
  21. Hello all. Just when I thought it was time for a break (having gotten Cach to dismiss with prejudice after 3 years), looks like there's no rest for the wicked. I discovered last night that Unifund (who once upon a time identified themselves as 'Servicer for PILOT RECEIVABLES MANAGEMENT, LLC') stripped (a figure between $2,000 and $3,000) from my bank accounts and would have taken more if more was in there (I had just taken $1,000 out the day before, yeay!) 1. I've lived in California ths last many years. 2. I didn't know anything about the Washington case, judgement, or order for garni
  22. THANKS! That reminds me I needed to ask about that. 1. In 'your' experience, will they be willing to remove the trade line or will they not like that? 2. How does a mutual walkaway affect (or not affect) their 'right' to have a tradeline on my credit? Lawyer lady hasn't written up the agreement yet and is waiting for my response (said I'd get back to her Monday). I'm going to write and say, basically "I'll agree to a mutual walkaway on the condition that: 1. Dismissed with prejudice (or some equivalent that you're not going to turn around and file a new complaint against me). A
  23. It doesn't -feel- like a win.....but it's certainly the path of least resistance at the moment. So in the walkaway agreement, just make sure it says something about 'not selling the alleged debt'?