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Found 37 results

  1. I was sued by a JDB, and properly filed a MTC arbitration. Before the motion could be heard, the JDB filed for a default judgment. Eventually the MTC was granted. Did the JDB violate the FDCPA by filing for default once they knew I was demanding arbitration?
  2. What are the repercussions of submitting a fact information sheet to a collection firm? I have a judgment against me in small claims that orders the sheet to be submitted if I can't satisfy the judgment within 45 days. I am able to neglect other bills & pay it off in full before the submission deadline. Should I pay it off and not submit the fact information sheet or submit the sheet and wait and setup a payment plan.
  3. Hello, I'm new here. Short story to explain what I am wondering. I've been out of work, need back surgery, 59 yr old female, zero income. Husband lost his good 16 yr. High paying job. Now he works hard labor at $11 hour. We own one paid off house, one van that will pay off in Sept 2018. Once our income went to hades, we were only able to pay utilities and eat(also joined a food bank. ). It's bad, real bad. All of our unsecured credit accounts went sour. We both owe 3 or 4 to Midland and some other creditors. Midland/MCM put a judgment againt me and we have several others too. I'm on oxygen too(as needed)so going downtown to fight creditors was impossible, I cant afford portable O2, no insurance, no $ for deductable either. My home is paid off and hudband gets his payroll onto a debit card. We don't care if creditors lein on the house as we plan to die here and not sell. I understand Texas is great at protections for debtors but I am wondering... Will the creditors still send a Sheriff out to take things? Will they let me know in advance? Will they come at night? The furnishings I have are crappy, garage sale bought stuff. I have sold everything off over the past 3 years to pay for doctor bills and medicines for my back. If a sheriff can come, how do I claim the few things I would like to claim as heirloom? I also have a pistol from my deceased Dad i would like to keep. Does the sherrif bring a truck and load it? I and my husband can not move boxes or dig through closets anymore. The van sidevand back doors do not open anymore, broken. What can I expect? We never could do anything to defend ourselves. We might try bankruptsy in a few months but even that is hard to budget. Thanks if anyone can tell me the worst to possibly happen, so we can mentally prepare for any hammers to fall on us. Mrs. JoL Forgot to add one more question, please: Midland sent a bland unmarked envelope, didnt even show their address, so it got put on the table, just found it today. It is some questions about jobs, banks, ect, is this a legal discovery letter? Am i forced to answer it? I was thinking it was just bs mail since it did not come certified. I thought it had to be signed for to be legal in Texas.What if I ignore it?
  4. Hi All, So I just found out that I have a default judgment (was never served) for a debt I've already paid about 7 years ago. At this point, I'd like to quickest and easiest way to proceed as I have proof that I've already paid my debt through a collection agency (thank God). What I'd really like to do is avoid having to take off from work and going to court. With that being said should I? A. Contact the creditor in writing with the proof of my paid debt? B. Go to court to formally vacate the judgment and fight it? Thanks in advance!
  5. Hi, I am new to credit repair, so I have a ton of questions. First, in 2013 a creditor filed a case against me and won a judgment by default. I wasn't home when the papers were served, so I had no idea of the claim. I would have fought the claim, because I had purchased insurance for the debt. Long story short, an illness resulted in a job loss and loan default. The creditor wouldn't process my insurance claim for the debt, because all of these events occurred within three months of the account being opened and they stated my account was not old enough to use the insurance for the debt. So, here I am. The judgment was filed and remains. My question is this: Is it legal for the OC to continue reporting the account as a charge off? Also, the debt has been sold and a third party collection agency is also reporting the debt as a charge off. So, this one account is hitting my credit three times! A judgement and two charge offs. Any advice is appreciated.
  6. Hello, I found out that I had a judgment against me a couple of years ago when I received paperwork from my local sheriff's office for the wage garnishment. I was never served - although they showed a picture of the front of my last 2 residences claiming that they'd served people that live with me in both locations on the same day ( I had lived alone for over 5 years). I went to court to block this action as I had no knowledge of the action taken against me. It took 5 trips to the other side of the county and roughly $300 in filing fees. I don't have spare money and they were taking 10% of my gross pay. The judgment was for roughly $1800. I proved that I had no foreknowledge of the judgment and the judge that heard me put them back to square one. I thought that I'd blocked the judgment as I had no outstanding debt. I had closed all of my credit cards 6 years earlier by taking out a consolidation loan and the loan had long been paid off. As I had done all of this to escape a bad living arrangement, when I paid off the loan I moved quickly without taking any of the documentation I didn't believe I would ever need. They got a second judgment against me and since a lawyer would cost the amount of the judgment, I decided to struggle by until it was paid off. I now have 2 questions. 1. I didn't qualify for any legal help. Is it too late to go back and fight this? 2. They put the judgment on my credit twice and although it has been paid off I only have release papers for one of them and the first one still shows as an active debt, adversely affecting my credit. They have ignored my email requests to have this removed. What can I do? Thank you for any answers. Barbara
  7. Anyone have any tips on post judgment settlement with PRA? I have a default judgment that I am trying to settle and looking for advice.
  8. Hello everyone. I am new here. Please, help me out. I had a judgment against me in 2008. Not only I was not served properly, they simply dropped off the package by the door at the address I have not been living for years (I found out about it by pure accident when one of the neighbors who happened to know me told me about some package several weeks later) but the item they sued me for was not even mine. I had filed an Identity Theft report and two police reports of stolen identity. I have notified all credit bureaus. I also notified the creditor in writing that I had an extensive fraud on my account and the item was not mine attaching a police and ID theft reports. I told them that the default judgment they obtained against was illegal. The item was disputed and removed from all credit bureaus, and so was the judgment after all when it was posted. My question is, what happened to the judgment after it was removed from my credit report by all 3 bureaus? Does it mean I do not have a judgment against me anymore? Would it still show on other public records? (I never contacted the Court that issued it). Can the creditor still go after me? (Its been 7 years and I have not heard from them). Ps. I am in California
  9. I was served by Portfolio Recovery for a 1300 debt. I planned to answer it but completely flaked out and forgot I only had 20 days, NOT 30 days :/. Today, I realized my mistake, and of course, I'm on day 21. From what I gather, if they pursue a default judgment, I would have 10 days to answer. Is this true in all states? I'm really hoping Ky isn't an exception, but I did see that default judgments don't typically get hearings here. I'm planning to go ahead and file a response first thing tomorrow. Can anyone tell me what to expect? Have I already forfeited all of my options to stop this thing??? Thanks for your help.
  10. Hi guys, I need some urgent help with this case. I am not a lawyer and thus quite scared of what is happening. Few days ago i received a letter from a legal aid stating that I was the defendant in a lawsuit case (credit card debt). I used the case number they gave me and checked, and indeed there is a lawsuit against me. Today, about 10 days later, I find that: 09/10/2015 PROOF OF SERVICE OF SUMMONS AND COMPLAINT FILED. SERVED AS TO (XXXXXX, YYYYYYY). but i never received anything!!!! and my wife, who has lost her job is at home all day and she never got anything!!! What should i do??? Who has received my papers? How am I supposed to defend myself if I do not know what's in those documents? (I do not have the money to go to court, the gas is way too expensive for me). Also, I live near Altadena (CA), and the closest courthouse I think is in Pasadena (CA), why would they file in Chatsworth (CA)? Please somebody help
  11. Hi, I'm really hoping someone can help me because I'm extremely stressed, upset and at my wit's end. Back in 2000, someone backed into my car and I had to have it fixed. The repair man fixed it to perfection, but due to unfortunate financial circumstances, I bounced the check I gave him. He was nice enough to try to wait for me to fix things, but he eventually went to an attorney who obtained a judgment against me. Shortly thereafter, I contacted the repair man. He said all he wanted was the money owed for the fix (the original amount). I went and paid him in cash and he gave me a signed receipt and wrote "Paid in Full". I attempted to show this to the court and to the attorney, but it didnt seem to make a difference. Over the last 15 years, this attorney has tried numerous times to get money out of me. Last week, someone showed up at my house with papers stating that I needed to appear in court with bank statements, etc. I really don't understand this. The repairman (who hired this attorney) considers the debt paid, but yet I'm still being harassed for this money. What can I do? This whole situation has me in tears.
  12. Well had court today. Judge denied Motion to Compel Arbitration even though Card Agreement was from account in Question, didn't give a reason guess he wanted jurisdiction, wouldn't even look at My JAMS case paperwork ( JAMS accepted and gave me a Number and served me and plaintiff). Talked with another attorney that hung around to talk with me, his business was done but he hung around till I was through...he wrote most of OK's Uniform Arbitration Act, he wanted to tell me not answering DV is a FDCPA violation...Betwee that and the overshadowing..least sophisticated consumer thing they pulled with their inital complaint (sent a payment form along with summons...as if it might have come from the court). Problem is getting an attorney to take it up....local ones don't seem interested. Then we went into MSJ motion, attorney waived card statements around and judge gave him judgment. Judge didn't even try reading my Response ( flipped a page or two then quit looking at it), brought up affidavit deficiencies, bill of sale issues, fact that I DV'd them last year and disavowed entire account and got no response, nice guy he cut their attorney's fees in half ( then apologized to attorney big deal ). sarc I'd have sworn the plaintiffs attorney had been under the judges desk on his knees earlier.......... Didn't appear he was interested in my Legal arguments and looked like a little obedient lap dog to plaintiffs attorney..........although plaintiffs attorney was very nervous and seemed relieved to have gotten his judgment, he was worried he knew he had no real case or argument. I do know one thing.....if there is another I case will go for a motion for change of venue LOL. Can't stand a judge slobbering all over the paperwork! Had in back of my mind that this County Bumpkin judge would pull just this......didn't think he'd do it without stating any justification. That's why I detailed all my points of law and Objected to his statements in the MSJ and moved to strike them in my Response, to preserve on appeal...............brought up the deficiencies of affidavit, bill of sale, affiants lack of qualifications (affidavit document specialist...not even a records keeper)......He didn't even respond to that, just got glassy eyed look.....a Plaintiffs Lap Dog..... So filling out paperwork for "Petition in Error" for a de novo review and gathering up info, already got court clerk working to certify all filings and mail them to me for submission to Appeal Court with the Petition in Error. Called JAMS and going to get them hold case open for awhile....if I can get a reversal I'm sure going to drag them right back in and cost them 5 times what they would get............even though I am collection proof and they won't get anything anyway LOL. Anything else come to mind that I can do to make Plaintiffs Attorney miserable with? If I get my paupers affidavit ok'd (money, money, money) with Appeal Court I'll be looking at a Writ for Centaru if need be. At least on the Appeal there will be 3 judges taking a fresh look....and they only have the written record so maybe they will actually read it and apply law. I'll try and get all the documents redacted an posted in a day or two...some up now. Check sig line for other post. type..type....type.......type........................
  13. - Hello, I'm new to this forum but I'm very impressed how helpful everyone is. I'm hoping I can get some advice from some of the experts here. As a real estate agent, I ran into trouble in 2008-2009 and had to give up paying on some credit cards to take care of other family needs. One of those credit cards, a Disover Card, got a summary judgment against me on 7/6/11 for the principal of $9165.78 as well as the filing fee of $230, the service of process for $79.50, the ex-parte of $30 and the attorney's fee of $500 for a total of $10,005.28 and interest accrueing at 12% per annum. They were represented by Krista L. White and Associates in Snohomish County, WA. Though I was served papers, I was ignorant to the process and didn't attend the hearing. In 2010, they totally cleaned out our main bank account of nearly $1000 which I believe is illegal. I don't think they can take everything out of your bank account. Then, last year they tried to garnish my wages, which they did for a month, before my employer figured out the can't garnish wages for independant contractors. Now, they've put a judgment lien on a rental property that I own and would like to refinance. The lender won't refinance the property with the lien on it. I would also like to buy a home in the next couple years, and I don't think I'll be able to with the judgment. A couple months ago, I received a letter from Suttell, Hammer, & White in Bellevue, WA saying that Discover Bank has now retained their firm to collect the debt owed. So, is Discover Card still involved or do the attorneys now call all the shots? My question is, would Suttell, Hammer, and White ever consider a settlement offer in a case like this or will they always hold out for the full amount? I also have MCM coming after me for a $22,500 Juniper credit card debt where they're offering me 70% off if I pay that amount right away. Just from reading the forums, I don't think I'll go for that at this point. Thank you in advance.
  14. First off thanks to all in this community who contribute with very helpful information that others like myself have been able to use to fight off the JDB predators. Now for my current situation that I'm seeking help with. I'm in the state of MA. Back in 2012 a default judgement was entered against me for almost $10k including fees. The plaintiff is Unifund Corporation. The original creditior was Citi Card and original balance around $5k. Long story short, I did not know what I know now and have learned from being on this forum which I've used to successfully hold my own and have favorable outcomes in a few recent cases. Since the judgement I've been paying on and off $90 per month. towards the end of last year(September) I offered to settle the account for $1000 since that's all I could do and my energy was going to rework my mortgage situation which thankfully i have done. My offer was declined and counter at $6000. I told Unifund's attorney that for the time being I was not going to be able to make any more payments. In February 2015 I received a call from the the attorney and he told me that because a defaulted on a payment review conference that a Capias warrant for my arrest was issued and that unless i sent in a payment within 30 days that it would be excuted. I sent in a payment so I'm back on a verbal payment agreement. I never got a noticed from the court. The attorney stated that I was served- I never got the service. So my question is what can I do to fight this? I know that I have limited options from what I can see but was hoping that some of the great minds here can think of something that could be worth a try. In MA you can reopen a case to my knowledge if it was found that evidenced was fraudulent or for no being properly served. But here is the kicker.... Proper service in MA is the last known address of the person being served and get this; they don't have to give it to you personally. How can this be tracked? Any how I've been looking around to see if find anything on Unifund, if they can collect in MA without being registered as a debt collector or any other dirt that I can use. I know that if can get this case back open with what I know now I fight them away. Any help is appreciated.
  15. Hello! I have a repossession on my credit report from 2008, and a judgment entered for it from 2010. (Yay, divorce!) They have never actively tried to collect on it. Since it's been so long, I'm wondering if anyone has ever had success trying to negotiate on a judgment? Also, what steps can I take to protect myself and my bank account in communications with them? I'm willing to make payments to get it paid off because I really want to buy a house, but I don't want to be garnished. Thanks!
  16. Hi everyone, I have been reading through the threads on this forum for the past couple of days and I have found some really promising information. But I am still very confused about what I should do about this court case and how I should write my answer to the courts. I think the more that I read the more that I am getting confused so any help that can be offered would be deeply appreciated. This is actually against my husband with an account that was opened and charged off before I even knew him. He was married to his first wife when this was opened but they have put this case against him and me instead of her. They do not have my name listed only Jane Doe. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Jerold Kaplan Law Offices 3. How much are you being sued for? $6079.34 4. Who is the original creditor? (if not the Plaintiff) HSBC 5. How do you know you are being sued? (You were served, right?) We were served at our home 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? I believe so. The process server had my husband sign for it. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? We had nothing from Jerold Kaplan Law Office. I do believe that my husband received something from Midland but we could not afford to pay it 9. What state and county do you live in? Phoenix, AZ. Maricopa County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I was not married to my husband when he had this account. He was married to his first wife and she paid the bills so he does not know when the last payment was made. I believe that I am not responsible for this debt because I was not married to him yet…or at least I think? The affidavit from Midlands Representative that was attached to the summons says that the last payment was made on 02-19-2009 and that the acct was charged off on 09-30-2009. The credit report shows that the last payment was indeed on 02/2009 but it says that it was charged off in 08/2009 not 09/2009. 11. What is the SOL on the debt? It is 6 years in AZ as of 2011 but before that it was 3 years. (my husband was living in KS when this was opened not AZ) 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). The Justice court website says that the case status is 01-new case 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. No 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? I received as follows: 20 days. And was served on 12/28/2014 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. ​ They attached an affidavit from a legal specialist that is employed by Midland. The affidavit lists the OC as HSBC, shows the last 4 numbers of the account number, the balance of $6079.34, the open date of 12-09-2007, and the charge off date of 09-30-2009, but that is all.
  17. In 2009 I was extremely ill to the point I had to turn my finances over to my spouse. During that time, my spouse signed for a summons on a credit card debt. They never gave it to me. I only just became aware of it via a credit report. Bottom line, I did not get the opportunity to validate the debt or defend myself. Do I have any legal grounds to vacate the judgment at this point?
  18. If one wants to petition the court on a closed matter, ( credit card judgement ), does the defendant legally have to notify the plaintiff's law firm when petitioning the court on any matter relating to the closed and disposed case? The Law firm no longer works for the plaintiff, since the case is closed older than a year now . So, if the prior defendant happens to get the closed case in front of a judge, and wins his/her petition , does the prior defendant have to notify the prior law firm hired by the plaintiff?... I might have a real shot at getting my judgement vacated because of a forgery by a plaintiffs witness, newly discovered.
  19. Please Help - I received this Aid Of Execution This PRODUCTION OF DOCUMENTS seems very invasive to my privacy, its as if they want me to do all the work in findings to force Judgment. This is a Fla. Civ. Court for a 2009 Credit Card default Judgment of $19,000 against me. I was never served or new about this so I assume they did a sewer service to an old address long after the postal forwarding service ended. I have nothing they can get as im a hardship living with family. No current job for past 5 years, no furniture or anything of value. my car is 15 years old and is falling apart. No savings or large retirement accounts. I had hardship withdraws many years ago so nothing much left. I'm living on a shoe-string. This might be time to go BK 7... don't really have the money to hire a BK Attorney. >> Some of these are very loaded demands for PRODUCTION OF DOCUMENTS. This is for Credit Card debt not a business. Question: Do I mail this just to the court? or Do I also mail this to the CA who sent this and is representing (Judgment Creditor has No Addrss given)? or All? by certified mail or signed return recept? Question: I need a little Help Answering as I'm unsure if using the word "None" is allowed or the word "Denied" or the words "Dose Not Apply" ? In other words if it do not apply to me at all do I leave it blank or what word is best to Answer so that there is no blank? I could used some ANSWER's found on this fourm that could apply. I'm guessing wording make a differance... Question: If I do not answer and return what will happen? Question: If I was to answer DENIED for all what would happen? I would really appreciate any help or suggestions. PLAINTIFF/JUDGMENT CREDITOR'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS IN AID OF EXECUTION TO DEFENDANT/JUDGMENT DEBTOR Fla. 1.350 Personal Documents To Produce 1) For each stock brokerage, annuity, IRA, 401K account which you have had within the past 40 months Statements for past 36 months Cancelled checks for past 36 months Records of Deposits and transfers for past 36 months ANSWER: Objection on the grounds that it is personal, confidential, and private. Without waiving objection defendant states this request is overly broad, unduly burdensom, and out of the contorl and custody of the defendant. Plaintiff has provided no evidence sufficient to overcome Defendant’s privacy interests. or this one ANSWER: Objection: relevancy, plaintiff is not seeking punitive damages, discovery of defendants financial information is inappropriate post judgment. Information sought is not likely to lead to any relevant facts pertaining to the plaintiffs claim. 2) For each bank, credit union and loan account which you or your spouse have within the past 40 months: Statements for past 36 months Checkbooks covering 36 months Cancelled checks for past 36 months ANSWER: Objection on the grounds that it is personal, confidential, and private. Without waiving objection defendant states this request is overly broad, unduly burdensom, and out of the contorl and custody of the defendant. Plaintiff has provided no evidence sufficient to overcome Defendant’s privacy interests. or this one ANSWER: Objection: relevancy, plaintiff is not seeking punitive damages, discovery of defendants financial information is inappropriate post judgment. Information sought is not likely to lead to any relevant facts pertaining to the plaintiffs claim. 3) For each Trust wherein you now are, or within 60 months where trustor, trustee, executor, beneficiary for alternate of either All documents evidencing the trust's formation, funding, beneficiaries, recordation, property or money transferred to the trust any person or entity or form from the trust to any person or entity ANSWER: None 4) For each safe deposit box which you had within the past 120 months Box agreement, bills for box rent, documents evidencing content of box List of things removed from box since date of this judgment ANSWER: None 5)All documents dating within the past 40 months relating in any way to: Non employment income and or payments to you from any source Employment and income from employment Business activities of any kind Gifts, transfers and donatons from any source or that you have made Property and money obtained, lent, borrowed, invested, sold. lost or abandoned Insurance polilies you hold or have held within past 36 months for home, business, vehicles, life insurance policies, and other insurance policies now in force, orin force within past 12 months Any transfers exceeding $500 in value you have made to a third person within the past 60 months ANSWER: Objection on the grounds that it is personal, confidential, and private. This interrogatory would result in the disclosure of information where such disclosure would violate the privacy rights of the defendant. Plaintiff has provided no evidence sufficient to overcome Defendant’s privacy interests. 6) Tax Federal and State Income tax retuns for the past 60 months for you and your spouse all pages, all attachments, all supporting documents. ANSWER: None Filed, Unemployed for last 5 years, live with and supported by Family 7) Property or money that you have immediate or contingent rights to which may be in the hands of others including: money or Property owed to you by any one Judgments or suits you have filed or filed against you Credit Applied for Loans and Mortgages obtained or paid Refinancing of loans and Mortgages Insurance Claims pending ANSWER: None side note there could be other judgments against me??? 8) Documents evidencing life insurance, annuity, and/or pensions ANSWER: Objection on the grounds that it is personal, confidential, and private. This interrogatory would result in the disclosure of information where such disclosure would violate the privacy rights of the defendant. Plaintiff has provided no evidence sufficient to overcome Defendant’s privacy interests. 9) Vehicles - all documents evidencing Vehicles, RV's, planes or boats owned, purchased, rented, gifted, leased or sold within past 60 months ANSWER: Denied or ANSWER: just give make model and year of Vehicle 10) Receipts, warranties for all consumer goods valued over $250 purchased within the past 36 months ANSWER: None 11) All deeds you have executed within that past 60 months ANSWER: None 12) All deeds you have executed wholly or partly in your favor within the past 60 months ANSWER: None
  20. Hello everyone, First off, I'd like to say thank you to the magic of the internet, but also this site in particular. I'm a long-time lurker, and this is my first post. I was brought to court by Velocity Investments, LLC for old, junk, credit card debt. I believe I made some good decisions as well as some bad decisions along the way, and I'd like to share my story here. I found a lot of other people's stories helpful to me in my case, so I feel I should return the favor and write a very detailed account of my case. If I feel I have helped even one person, I'd have done my job here. I appreciated all of the help these forums gave me in preparation to my case. So, In February of 2014 I was mailed a summons to appear in court in June. The Plaintiff was Velocity Investments, LLC, being represented by a somewhat local law firm who is located closer to Boston than central Massachusetts (where I live). I had never heard of Velocity Investments, LLC. If they had tried to contact me, they had failed. I also am in the habit of never picking up my phone if I am unfamiliar with the phone number. If they had spoken to me on the phone though, I would have never admitted that I owed them anything. The one regret I have pre-summons is that I never sent them a debt validation letter. If I had been contacted by them via mail, or through a voicemail, before the summons was delivered to me, perhaps this would never had to have gone to court. A couple of wonky things I noticed about Massachusetts Small Claims courts...The summons does not have to be delivered by Certified Mail. If you've moved around and the debt in question is old, they are probably sending you a summons to your old address. Thankfully I still reside at the same place and I did receive the summons. In Massachusetts, I also noticed that the instructions for filing an answer might as well be hidden in one of those Magic Eye hologram books. The front of the summons simply stated who was suing me, and when my court date was. It did NOT allude to anything about sending in an answer on the front of the document. There were no attached files from the Plaintiff. the only thing in the Claims section was a small typed paragraph showing the last 4 digits of an account number, an amount of $6,621 being owed, and a date sometime in 2010 as being the date of last payment received. Immediately I took to the internet for advice. This is how I learned that I had to submit an answer. On the back of the summons, a few paragraphs down, in tiny type, were the instructions on how to submit an answer to both the court and the Plaintiff's attorney. I did type up an answer to the summons as follows: "I, the Defendant in the above referred-to Small Claims Action, understand that in this answer, I must state fully and specifically what facts set out in the Plaintiff's Statement of Claim I deny, and what facts I admit, and I do so as follows: I deny each of the Plaintiff's allegations int he claim. Affirmative Defenses: I do not owe this debt, I dispute the amount claimed to be owed, I have not entered into a contract with the Plaintiff, I have not received adequate documentation to show that the Plaintiff has standing." I sent one to the court and one to the lawfirm of the Plaintiff via Certified Mail. Shortly thereafter, I received a letter from the law firm offering to settle for a lesser amount. I laughed and ripped it into pieces and threw it away. So, here comes the hearing, which was exceptionally unconventional. It's a small, rinky-dink court house in my home town, but I saw about 20 other people who I assumed were here for the same thing. The odd part, I thought, was that I only picked out 3 or 4 people who looked like lawyers. I thought, "Good! Maybe they didn't bother to show!" The small claims defendants and plaintiffs were called into the courtroom together. The magistrate presiding over the hearings started calling out names on a list to account for attendance. It's true. A LOT of people didn't even show. Each time a name was called, and the defendant was not in court, you would hear the magistrate say "default judgment for the Plaintiff." as if he has said this same thing over and over again thousands of times. I was paying attention to everything and I was starting to get very confused and upset. Those 3-4 lawyers up front seemed to be representing ALL of the Plaintiffs from all of the cases. how could this small handful of lawyers be representing all of the different companies who were suing people today? It didn't make any sense and I was starting to get really angry, quite frankly. If I have to show up or else face a default judment against me, it doesn't seem fair that the Plaintiff and the specific team of lawyers they hired don't have to be there. Instead this handful of lawyers were just picking up the cases. How does that make sense? I was fuming! After attendance was recorded and default judgments were placed against all of the no-show defendants, the magistrate called into a recess, and said that we could "have our discussions outside" and then come back in. We left the courtroom and the lawyers scattered to talk to people about payment plans. I noticed one lawyer in particular who had a very large file binder. This poor dude was trying to settle and have talks with just about all of the defendants one by one. Yeah, I actually did feel bad for him. He was running around like a chicken, and with no real private place to talk a midst all of his paperwork, he was taking people over to a small hallway and using the top of a garbage can as a work desk. That stinks for him. (No pun intended) Eventually, 20 minutes later he called my name. I went over to his dumpster desk and introduced myself. I also asked him..."What's the deal with Kream and Kream? (the Plaintiff's lawyer team) Did they just up and decide to not show up today?" He gave a nervous laugh and just said "Well, I am the Plaintiff today." No further explanation. At this point, with my suspicions verified that neither the Plaintiff, nor the lawers representing them on my paperwork were present, I was very, very upset. The lawyer pulled out a file folder on my case that seemed quite large. He asked me questions concerning a Citibank Sears card and asked me if this was the debt I was being sued for. I said "Well, supposedly. That's what it says on my summons. But I don't owe this money, so, I'm sorry, but, I'm not going to pay a debt that is not mine." He recited a date of last payment with the amount paid, along with the remaining amount due. He told me I still owed the amount due to the new company who owns the debt. I told him that I had previously paid off this debt in full, and that, even though I am sorry to make his job a little harder today, that I will of course not pay a debt that has already been paid off in full. He then asked if I had any paperwork that showed that I paid the debt off, as he pulled out a copy of the last statement that was on file from 2010. I'll admit, at this point I started feeling a little scared. He had a file folder full of papers on this. My file folder only contained two things; a copy of my Small Claims answer, and my actual summons. I had nothing else with me and no proof at all that the original debt was actually paid. I told him that I do not have any proof on me, but that the debt had been paid through Sears' collections dept years ago and I had no record of it. He seemed frustrated for a second, but then polite and friendly and just said "Okay. We'll be taking this to the magistrate then. I do have a couple more people I need to speak with, but once that's over we'll go in for your hearing, okay?" Me and my boyfriend sat back down on a bench and waited for him to finish up with the rest of the defendants. I had a surge of thoughts and emotions running through me. Regret that all I had on me was court documents...but confusion on what else I could have brought with me. I had nothing to show for myself, and who knows what else was in that large stack of papers he had with him. Regret that i didn't ask for Discovery as the laws in my state had me confused about it so I just didn't bother. Anger at the fact that the Plaintiff and lawyer team representing them didn't even show. Mixed feelings about the lawyer who was going against me. He seemed friendly enough. He was polite and courteous as I had been with him. And I did feel bad that THIS was what he was doing today. I imagined that he hated his life. My thoughts towards him could be summed up by saying "You're a nice enough guy. Sorry this has been dumped on you. But I want to destroy you in the court room." I heard him talk to the magistrate in the hallway. He told him that everyone was being taken care of, and that he had one hearing he was going to be bringing in. WHAT?! All of those other defendants made arrangements to pay. I was the only one fighting today. At this point, I felt incredibly unprepared, but also READY. It's a strange feeling. In the court room I stood by the answer I had given to the court. I desperately wanted to bring up the fact that technically, the plaintiff nor the lawyer's representing them were not here, and question the practice of this one lawyer picking up all of the cases in court today, but I was honestly unsure on how to properly address this issue in court. I stood by my answer that the plaintiff had no standing to sue me for this debt, that I had not received any AUTHENTICATED (yes, I emphasized that word) documents to show that I owe this debt, and that I owe it to them, and that i had previously paid this debt off. The magistrate asked me for documentation for the payoff. I told him I do not have it. The magistrate seemed frustrated by my audacity to come in with my proof of payment. I explained to him that the payment was made years ago, when I had a different bank account at a different bank. the debt in question had gone to Sears card collections, and as a last-ditch effort, they offered me a settlement about of $3,000, about half of the amount of the original debt. I paid them the money, and then didn't concern myself with it. I also told him that I tried to contact Sears collections and that they would not speak to me about it at all, saying that they do not have record of anything and they cannot help me. The magistrate then tried to explain to me that if the debt was sold, they would no longer HAVE record of it. That the debt was sold to X-company, who then sold it to X-company, who then sold it to the Plaintiff, who is suing me today. I acknowledged that I understood how debt can be bought from companies, but that they may have sold a debt that was actually paid for, and now Sears won't talk to me about it because it was sold and they no longer have record of it. The magistrate again seemed....frustrated. defeated by how fragmented and uneasy this case was. He explained to me that the Plaintiff did have a bill of sale. I expressed that the bill of sale is not authenticated nor an original document. The magistrate seemed disinterested in what I had to say. The lawyer seemed upset and stressed. He scoffed and started hurriedly going through his papers. He seemed defensive. At this point I began to think that I was going to lose. Period. The magistrate then asked the plaintiff (if you can call him that) how much of the amount owed was interest. The lawyer was scrambling through his paperwork some more and finally said "$300." The magistrate looked at him like he was nuts and said "That can't be right. Not with $6,000 owed. At such a high interest rate. How can that be right?" the lawyer repeated that the interest included in the amount due was listed as $300. The magistrate had his head in his hands. He was officially not having a good day at this point. "You can't tell me that the amount of interest in that debt is only $300. It's simply not right. There's something really not right with this." There was an uneasy silence. The magistrate then said "It's not my job to do this, but it looks like I am going to have to. I'm going to need to take some time to go over these numbers and figure this out. Because the amount of that debt that is interest you're telling me is not right and it cannot be right. It just doesn't make sense. And now I have to be the one to make sense of it." He looked at me and told me that I would receive the judgment in the mail within 5 days. And then it was all over. I left the courthouse feeling very confused and definitely feeling like things did not go my way. I was expecting to see a judgment in the mail in a few days that told me I owed $x amount of money and I would have to appeal the decision. I left upset that I was unable to put this behind me. Who has a hearing and then leaves not knowing the outcome? It didn't take 5 days. It took about a week and a half. All the judgment said was that the judgment was found in favor of the defendant, and the plaintiff had no right to appeal the decision. I am SO happy! Unfortunately, I have no way of knowing what exact details led to this decision, as I wasn't expecting this outcome at all after appearing in court. If I had to guess, the numbers didn't sit right with the magistrate. If he didn't trust the numbers, how can he even trust the entire case? He certainly didn't seem to care (or show that he cared) about original documentation. He was very dismissive of the things I was questioning. I certainly didn't play all of my cards the way I probably should have. I did some things right, and I did some things wrong. But I wasn't afraid to fight anyway. The biggest piece of advice I can give to anyone, although it seems small, is to bring someone with you. If I had been waiting in that courthouse hallway all alone, I may have not had all of the confidence that I did that day. Just simply having my boyfriend with me for moral support gave me comic relief while we sat around doing nothing while waiting for everything. If I was alone I would have been stressed and more worried. Having that one person there who is 100% behind you puts a whole new spring in your step. I was amazed at how unafraid I felt while discussing things with the lawyer and then again while addressing the magistrate. Even if you have one person who is behind you, waving a flag in support of you, it can add a whole new level of self confidence you didn't know you had. Good luck fellow debt-fighters. I wish you all the best of luck in your fight!
  21. In September 2013, I received a letter from my employer's HR department advising me that I would be garnished for the next 2 pay cycles due to a writ of garnishment that was filed in 2009. Attached were court documents from Oregon, where I used to reside....with my ex-wife. The documents were addressed to myself and my ex-wife at an address I am unfamiliar with in Oregon, although I can assume the address listed is where my ex-wife lives. Because I don't talk to the ex, who did lots of nasty stuff leading up to divorce, I didn't fight the issue and just let the thing be done. The account was an old dr's bill from 2008. We were divorced in 2011. Apparently "we" were served back in 2009. I did not know this. Any and all collection efforts were news to me. This entire bill was news to me when I received this letter. Long story short, the CA successfully obtained a writ of garnishment as well as a judgment in both of our names. The judgment is now paid, but I want this "public record" off of my credit report. I called an attorney friend today, who practices in Oregon, and asked his thoughts on paying an attorney to file a Motion to Vacate based on some loophole or whatever. He said that would be difficult in Oregon, but suggested I contact the CA's attorney and offer to pay any "fees" the Attorney would incur in exchange for lifting the judgment. I located the attorney's name on the paperwork that came with my garnishment notice, but was shocked to find out that he passed away one month after my account became paid/satisfied in October of 2013. I just called the CA to inquire the name of the attorney they now use, and they told me they would not inform me of that. They also told me that this would be a small claims court issue and they do not have the power to remove the judgment....it's public record, blah, blah, blah. Anyone here have Oregon law knowledge that can offer me hope for any legal strategy to remove this paid judgment? Is there any legal loophole that I can use to get rid of this?
  22. I lost to Midland and, although I really wanted to appeal, I decided to just take my lumps and pay. BUT I wanted to try to get the judgment vacated in return for paying. I sent a letter to the law firm that won a judgment against me asking them if they could vacate the judgment after I paid in full. They called me yesterday (2/19) said since judgment was entered on the 6th, they only have until today to vacate so I would have to get certified payment to them by today. The person I spoke with (not a lawyer) said that if I couldn't make payment by today, all they'd be able to do is file that the judgment was satisfied. I had 14 days to appeal before the judgment was entered as final so I assume this is the 14 day period they are working with to vacate. I'm also assuming that their vacation of it would me more like a dismissal. What I was asking them, in reality, was if they would file under Rule 60(b)5 - vacation of satisfied judgment. The problem I have is that I can't get the cash together and drive 2.5 hours to their offices today. I have the cash, but I have an ATM withdrawal limit and I can't get a cashier's or certified check because the closest branch of my bank is 3 hours away! I sent them a fax this morning asking if they would agree to accept debit card payment and file a motion to vacate today and if not, could we just file under Rule 60(b)5 after I had paid the judgment. I have not yet heard back. I don't think I have much choice since I can't get the money together and make the drive today. I guess if I can't get them to agree to take a debit card payment and move to vacate today, I'll just pay when I have the money together and then file a motion to vacate myself, but I'll be really disappointed if my motion fails.
  23. A Judgment was entered Feb 2012 by JohnsonMarkLLC for Cap1 debt. I had been reading some of the forum here and maybe its too late for me to do anything but still has hope.... Back in 2011, got a summon for court hearing. I attended and it wasn't NO judge! it was the attorney for Cap1 and me....All he said was for me to make arrangement payment, I told him I can't make any payment due to no income. he said I needed to make some kind of payment arrangement with him or I will put in jail. I know, I was scar and signed the damn agreement to make payment which him and I both know I can't pay. anyways, my father helped me make two payment of $100 and since then I haven't made a penny. they dip into my bank account which I only had $25 and they also put a $1000 lien on another bank account which has my father name and me, that account its mainly for my father monthly social security payment. I challenge them with a letter, telling them the money don't belong to me and it's my father SS income and they have no legal right. about 2 week later, got another stating that the lien on the bank account (father and me) was withdrawl As of today, I don't have any bank account, no income, no asset, and living on food stamp. I repeatly tells JohnsonMark, I have no job, no money but they still up on my a$$ the very last letter, I got was they were trying to get my work history from Department of Workforce What can I do to be judgement proof??? anything help!! Thank you
  24. This pertains to California--- Hi All! Its been a while since I have posted and I hope that you are all doing well! My original thread prior to a judgment being filed against me by GFCS, INC. is on a post on this site as well. I received two letters from ‘the KERN COUNTY SHERIFF-CORONER PUBLIC ADMINSTRATOR Civil Section’ this week which included Notices of Levy. I would really appreciate a bit of guidance on how to proceed with this. I will list the letter’s contents being as brief as possible, yet detailed. Thank you in advance for any assistance!! Note: a. Both letters are exactly the same with the exception of the “Garnishee listed” b. according to my case summary this case status is: 'disposed by judgment' Page 1 1. Notice of Levy a. PLAINTIFF is listed as ‘GFCS, INC etc. and DEFENDANT is listed as ’ my name etc ‘ in all small letters (NOT ALL CAPS) b. under Writ of ‘Execution (Money Judgment ) c. TO THE PERSON NOTIFIED (name): ‘my name ,aka, and address in all small letters NOT all caps) d. The judgment creditor seeks to levy upon the property in which judgment debtor has an interest and apply it to the satisfaction of a judgment as follows: ‘Levy on any and all accounts in the name of the judgment debtor. Do not levy on any trust accounts.’ e. Lists the amount necessary to satisfy the judgment f. You are notified as: ‘a judgment debtor ‘ g. At the bottom it states: Notice of Levy was mailed on (Date): 01/31/14 Delivered on (Date): 01/30/14 Signed by: ‘Sheriff’s Authorized Agent- displays signature designated as ‘Levying officer’ h. Garnishee: lists bank i. ‘DONNY YOUNGBLOOD – Sheriff-Coroner Page 2 1. WRIT OF EXECUTION a. Limited Civil Case b. To the Sheriff or Marshal of the County of ‘KERN’ c. To any registered process server: ‘You are authorized to serve this writ only in accord with the CC 699.080 or CCP 715.040 d. GCFS, INC., a California corporation – ‘judgment creditor’ e. Judgment debtor(name, type of legal entity stated in judgment of not a natural person, and last known address: ‘lists my name, aka, address in ALL CAPS f. Judgment entered: ’ 04-02-13’ g. Notice of Sale under this writ: ‘has not been requested ‘ h. Total judgment with subtotals etc. i. Issued on (date) : ‘Jan 07 2014’ (Stamped) j. Clerk by: ‘two signatures and one stamped name’ Page 3 1. EXEMPTIONS FROM THE ENFORCEMENT OF JUDGMENTS a. Lists two pages of just that.. exemptions from the enforcement of judgments What I realize is that there was no separate “Proof of Service” form sent with these letters like this one http://www.courts.ca.gov/documents/pos040.pdf and am wondering if, initially, a motion can be filed against them for not sending proper proof of service. I should also point out that I did not go to the Meet and Confer. I cant remember exactly why. I may have been sick… its been that long ago… I do remember that the court originally handling this case was changed during that time as well. Please let me know your thoughts on the next steps that I should take. Thank you all in advance for assisting me with this. God bless ~ Have a Great Day! ~ Shelbee
  25. Hello. I am new to this site. Hope someone can help me. I did not receive a summons. Midland funding sent it to my mother's address, and I haven't lived there for years. Also tried to serve my mother and she told them I don't live there. Judge granted them alternate service, but I never received a summons. My mother did not either. My mother is getting older and never keeps track of anything, including mail. As a result Midland got a default judgment against me. Tried to vacate judgment twice, but was denied. Judge said the alternate service was sufficient enough to notify me. Also said, I do not have a meritorious defense. I am going to try one last time to get this judgment vacated. I was going to attach utility bills showing my name and address to show that I did not live at my mother's address at the time of original or alternate summons service. Will this work? My court file shows that the alternate summons was never opened and has "return to sender" marked on it by the post office. Also, for meritorious defense I was either going to say that I have no recollection of ever having the debt and that the debt is not mine. Or, I was going to dispute the amount of the debt. Someone told me that just saying the debt is not mine will not work. Is that true? I really just want my day in court because the judgment amount is ridiculous and I know they bought the debt for pennies on the dollar. I wish I had known to be in court because I know they cannot validate this debt as I have sent DV letters to them before. Tried calling a few lawyers, but they were not helpful at all. Any help would be appreciated.