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Found 12 results

  1. California; Northern California Collection Service, Inc. filed a Breach of Contract case against me in a Civil Limited Jurisdiction. Filed in March of 2020. I was never served with summons and complaint. I was recently sent a Notice of Entry of Judgement and this was how I found out about the case. The judgement was By Default: Clerk's Judgement. What are my options and does anyone have any sample motion's I can follow. The judgement was filed on 9/24/20. So I believe I only have 30 days to respond - I plan to respond by Friday as Saturday (10/24/20) would be the 30th
  2. Can someone please answer this question? If the proof of service documents say that I was personally served but wasn’t served at all, grounds to have a judgment vacated even though I still resided at the address? Proof that I wasn’t personally served is in the documents they filed. Forged signatures. I was sued by PRA and Asset Acceptance/Midland Funding several years ago. Default judgments awarded to both of them because I didn’t appear in court. I wasn’t personally served like the proof states. Both PRA and Asset Acceptance filed proof of service, using the same process s
  3. In my unlimited jurisdiction civil case, the Court very recently awarded me a monetary (default) judgment against defendants, both jointly and severally. However, the ruling did not perfunctorily include an order that defendants pay to the court my waived fees and costs, which total several thousand dollars. I did not request such in my [proposed] judgment, as I thought it was superfluous; see California Government Code § 68637 further below. Aside from the indications within file records, the presiding judge knew that my court fees and costs had been waived, as I had mentioned such at the pr
  4. I am in Calif. A collection service sued me (2010) and got a default judgment (unpaid HOA fees). Yes, I know, I should have attended the hearing. Water under the bridge now. I believe they do not have the original contract/CCRs with my signature. It was not attached to the complaint. Also I believe they do not have the assignment from the HOA showing they now own the debt and have the right to collect. It is long past any statute of limitations to have it vacated, I think. What are my options at this point? Must I sue them to get them to produce these documents? Thank you for
  5. I have a default money judgment against me from midland funding at civil court in NY, however I was never served because they used my old address. Now I've received a letter from my bank stating they are going to allow the plaintiff to garnish my bank account in 20 days. 1. What do I ask for in my order to show cause? 2. I was advised to file a stay enforcement. What is this? 3. When and how can I ask for proof from the plaintiff? Any advice will be appreciated.
  6. Hi, in Dec 2014 Amex obtained a default judgment against me for $15K, I did not defend because honestly my husband and I have lost everything in the last couple of years and it just got buried under all my priorities. In any case, I received another envelope from Amex with a copy of Plaintiff's Motion for Entry of Default Final Judgement.and a questionnaire as to my assets and so forth. I have contacted an attorney but was he is just interested in having me file for bankruptcy.I am not ready to file for bankruptcy yet but I would like to try to vacate and defend agaisnt Amex. Is there anything
  7. While out of work we got behind on our HOA assessments. The HOA Board (our neighbors) decided to file suit against us 4 months after a payment had been made when all that was owed were the 2013 assessments and a few late fees. The excessive collection fees, attorneys fees and late fees added up quickly. So we added fees (about $3000) into a Chapter 13 that was really filed just to get our mortgage lender to modified our loan. That strategy worked and this past August our mortgage lender modified our loan so we ended the chapter 13. At that time we also began trying to negotiate with o
  8. On 12/02/2014 a Writ of Garnishment was placed on my Wells Fargo account. I live in Wisconsin and the Writ was served at a Wells Fargo branch in Austin TX. There was an Judgement in which I was never served nor I had knowlegde of. I filed Chapter 7 on Dec 19, 2014 and I faxed, emailed, phoned and mailed Wells Fargo Legal Department a copy of the Notice of Chapter 7 filing. The Writ was for $2,900. Wells Fargo had taken out $5,700 in which my account was zero out. I was told they sent the money to Wells Fargo Attorneys. Wells Fargo had kept garnishing my account after knowing I filed Chap
  9. Here is a link I found while researching issues on my case: http://www.volunteerlawyersnetwork.org/files/Motions%20to%20Vacate%20Default%20Judgments%20Tips.pdf Mine isn't default, so it's not too helpful for me. But for too many people, default is their first notice that they've been sued.
  10. Newbie here. I have been reading all of the information on this site for several weeks now, and believe I now am "up to speed" enough to post here for suggestions and/or advice. I also realize there is a basic list of questions I should repost (along with pertinent information) to get the ball rolling, but frankly I have so many issues to address, I will most likely need the assistance of the Moderator in determining which thread my posts/questions belong in. I do know that I must address the legal issues first (like the default judgments) but after starting the ball rolling with those, I
  11. I would like to post regarding my situation. I would appreciate any advice that can be given. I have recently been told that I have a garnishment that will begin in about a month from now. I was taken aback because I have been attending to my credit reports for the past couple of years very closely. I have fair to good credit scores and I never saw anything pertaining to bad debt. I began searching for what the issue was. I went to the court house where this originated. In the whole process I have found: A credit card was charged off in 2006The "placement manager" for the credit card company
  12. I was sued by Cap1 in 2010 and was never served. I only found out about this recently when I was sued in another case and saw this case listed under my name when I searched court records. Should I file a motion to vacate default, a motion to quash service or both? This is the Record of Actions from the court website: Thank you! 17 PAYMENT RECEIVED BY FOR 141 - WRIT IN THE AMOUNT OF 25.00, TRANSACTION NUMBER 11142391 AND RECEIPT NUMBER 10966283. 05/10/2012 1 pages 16 WRIT ISSUED. 05/10/2012 NV 15 MEMORANDUM OF COSTS AFTER JUDGMENT; ACKNOWLEDGMENT OF CREDIT AND DECLARATION OF ACCRUED