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Found 11 results

  1. 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 server. The signatures on the filed documents are obviously different. One even has a date a month after the day the server claimed I was served. The signatures, spacing, font, and dates are clearly suspicious are my proof that I was never personally served. I had lost my son, was laid off due to the recession that caused many Americans hardship, was losing my house, and had exhausted all my unemployment benefits. I didn’t care to be alive then. I suffered major hardships that turned my world upside down. I was judgment proof. Judgments were entered in 2012. I understand timing is an issue but I still want to try to have them vacated. It wouldn’t be hard to prove that the documents are forged,false affidavits were submitted, no valid documentation showing proof of a contract, and other violations. I finally started to pull myself together and started working again May, 2014 and since then my wages have been garnished by PRA. Asset is patiently waiting and getting bigger every day. Can someone give me hope? I can and will upload the documents if I need to.
  2. 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 prove-up hearing, i.e. when he had asked me to state my out-of-pocket costs. My position is that defendants ought to be required to pay such fees and costs to the court. I had believed—regardless of the absence of a court order directing defendants to pay my waived fees and costs to the court—that defendants were liable therefor; and accordingly, defendants would not be able to obtain a satisfaction of judgment until paying them in full. (California Government Code § 68637.) How do I make it so that defendants must pay to the court my initially waived court fees and costs; or, is it a given? Need I formally request the court to modify the judgement and explicitly order defendants pay such fees and costs to the court? If so, any advice, e.g. type of motion? I have already recorded an abstract of judgment and also obtained a writ of execution (monetary judgment), i.e., for bank levy. Will these instruments become mooted or otherwise invalidated if the judgment is modified as aforementioned? I have read California Government Code § 68637, which concerns initially waived trial court fees and costs. [California Government Code § 68637 provides, in part, the following: (a) This section applies only to waivers of trial court fees. (b) (1) If a party whose trial court fees and costs were initially waived is a prevailing party within the meaning of Section 1032 of the Code of Civil Procedure, the judgment or dismissal entered in favor of the party whose fees and costs were initially waived shall include an order requiring that the party against whom judgment or dismissal has been entered pay to the court the waived fees and costs. The court may refuse to enter a partial or full satisfaction of a judgment until an accompanying order requiring payment of waived fees and costs has been satisfied... (2) A party petitioning the court to enter satisfaction of judgment shall declare, under penalty of perjury, that any order requiring payment of waived fees and costs has been satisfied... (c) If a party in a civil case whose trial court fees and costs were initially waived recovers ten thousand dollars ($10,000) or more in value by way of settlement, compromise, arbitration award, mediation settlement, or other recovery, the waived fees and costs shall be paid to the court out of the settlement, compromise, award, or other recovery. (1) The court shall have a lien on any settlement, compromise, award, or other recovery in the amount of all the court fees and costs initially waived. (2) The waived fees and costs shall first be paid to the court before the party whose fees and costs were initially waived receives anything of value under the settlement, compromise, award, or other recovery.
  3. 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 your input.
  4. 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.
  5. 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 I can do or file with the court at this point??
  6. 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 our neighbors who are on the HOA board for a settlement payoff amount (like we had tried to do in the past). We suggested $1000 towards the junk fees (instead of $3000). They said $1200 but they demanded it be paid in 24 hours. We told them that was not enough time and to instead give us 30 days to get it in (as we knew we would have the money at the end of the month). they never responded and stopped answering our communication. In the past the collection attorneys (who are in Austin) that were handling the case normally always sent any notices to us in the regular mail and we always received them. But when they wanted the case to be re-opened (since the 13 was no longer holding them up) they did not send us notice of a hearing via regular mail. So unfortunately we had no clue that they were seeking a summary judgement. In November we received a notice from the court saying the case was closed but there was no other information. We thought ok great. Then for some reason in last month I decided to google my name. I saw that there was a "Sheriff Sale" (foreclosure) scheduled for February 3. Of course I panic. These collection attorneys did not contact my mortgage company about this and they did not contact me. It is my understanding they have to contact the 1st lien holder. WF says that they checked the title and there was no lien on the property...but it appears a lien was requested in November. So none of it makes sense. They also did not send us a copy of the lien they filed back in November. We looked it up. Since we had always received notices before it seems shady that the notices stopped. I contact these people about this and their response was we sent it certified and to your email address. Well I had never given them an email address. And they knew that I had not picked up any of the certified letters previously but did confirm with them that I got notices via regular email. Then come to find out they were sending an email to a family members email account. They were no longer willing to negotiate and refused a settlement pay off amount. So yesterday we filed a motion to set aside the default judgement and request a new hearing. The judge signed the order to set a hearing on the motion to set aside the default judgment. The judge also set aside the order of sale pending the result of the hearing. The judge said I cant tell you what objections to make...but you can go to the law library and research. I feel as though this judge is for lack of better words on our side in a way...by giving but not giving that advice. He also told the attorneys they could only get $500 in atty fess instead of $2500 like they requested in the default judgement. So I think we may be able to get this to be set aside. But I need to know how to do it and be pointed in the right direction. Is there a law or rule that can be used in this situation? At the time they got the summary judgement the amounts they requested were still questionable and being disputed. At that time we owed the 2014 dues and the disputed late fees. We have since paid the 2015 dues and have shown good faith all along to negotiate a deal. But these collection attorneys are not taking the offers - even the previous offer that the HOA suggested. It seems odd that our HOA would be willing to negotiate in August and now a few months later refuse to negotiate. I think it is the attorneys trying to get as much money in their pockets as possible as none of these excessive fees are going to the HOA. Any help, advice or direction would be so greatly appreciated. Thanks!
  7. 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 Chapter 7. I had child support deposted into my account in which Wells Fargo had garnished as well of a bank fees that brought my account negitive. After filling complaints with Consumers Protection and BBB, they sent me a letter stated they released the child support deposits on Jan. 6, 2015 and will not hold any other funds in my account . I filed a motion to vacate the Garnishment in Texas but the judge did not rule only set a hearing on 8-2015 for "Notice of Intention to Dismiss For Want of Prosecution" I was living in Wisconsin when the lawsuit was filed but the judge said a notice was place on the door of my last known address in which my daughter resides and judge said she could have told me about it. What are my options ? I would like Wells Fargo release my funds or any suggestions would help.
  8. 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.
  9. 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 have other "fish to fry" if I (we) are to better our credit situation. Long story short - like most folks, DH and I both suffered job losses (1 month apart actually) in late 2008/2009 due to lousy economy. Almost lost house, had car repossessed, and had to use credit cards to make COBRA payments and to pay basic living expenses. Able to regain employment, but at nowhere near previous income levels. Was advised by counsel (at the time) to stop paying the credit cards (which we did in 2009). Took in terminally ill in-laws (both have now passed) DH had major health problem....life happens. Discovered recently that DH has TWO default judgments against him, one discovered by accident (won't bore you with details) and one discovered when he was mailed a copy of a Subpoena Duces Tecum served upon the Custodian of Records for another banking institution who has NOTHING to do with the original creditor (Cap One). He filed a Motion to Quash the subpoena, and the SDT was promptly cancelled by counsel for Cap One. Presumably the original SDT was filed in order to attempt to gather info so they can collect on the Judgment, but when they saw what evidence we intended to introduce at the motion hearing, they very quickly cancelled the subpoena. Fast forward to now, and we discover a second default judgment in the Court record, and SOL issues pending for us to attempt a motion to vacate the judgment due to the fact he was never served with either Complaint. I have seen a few recent posts from others in California asking for input and advice with respect to motions to vacate judgments with no responses. Is that because it is impossible at this point? We are living very happily (and efficiently) without credit cards and have been for the last 5 yrs. - we don't really want or need another. However, we are really in need of a reliable (newer) car that we can drive to and from chemo appointments, without the risk of breakdown, and in order to even have a chance to buy a newer vehicle, we need to clean up some of this "mess." Also, the always lurking threat of a garnishment due to either of the Judgments is now in the back of our minds. Specifically, looking for input from those who have undertaken motions to vacate, preferably in California. TIA for any input or guidance you can provide.
  10. 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 did an affidavit stating that something is true and correct (there is no additional documents to see with this affidavit)A complaint was filed and a summons issued in March 2006I was allegedly served in April of that same year; HOWEVER this is impossible because I did not live at that address at that time. And I have documentation from my former landlord to support this.A default judgment was ordered.This year, 2013, the lawyer signed an affidavit to serve my job (not me)There is a proof of mailing (mailing what? I don't know because there are no other documents with it). And also they mailed it to the address from 7 years ago again, although they should have had my address from my job.The lawyer and circuit court clerk signed a "renewal of judgment" in May 2013. Apparently there is no need for a judge for this.A suggestion of writ of garnishment was signed and issued in August 2013.My thought is that it should be thrown out due to: Statute of limitations (3 years in MS) No due process (I was never served)However, the few lawyers that I have attempted to contact basically say that it is my word against the service processor and do not want to take the case. Even though I have a statement from my previous landlord. Some have also said to file bankruptcy. I have decent credit through my own diligence and trying to resolve anything on my credit reports. I know that both bankruptcy and garnishments wreak havoc on credit scores. This whole situation seems wrong. But it seems like I cannot find anyone to help.
  11. 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 INTEREST - LESS THAN $100 FILED BY CAPITAL ONE BANK USA, N.A. ON 04/25/2012 04/25/2012 2 pages 14 CASE DISPOSED WITH DISPOSITION OF DEFAULT JUDGMENT BY CLERK 01/21/2011 NV 13 COMPLAINT DISPOSED WITH DISPOSITION OF DEFAULT JUDGMENT BY CLERK. 01/21/2011 NV 12 THE COURT ENTERS JUDGMENT ON THE COMPLAINT FOR CAPITAL ONE BANK USA, N.A. IN THE AMOUNT OF 3286.82 PRINCIPAL, 267.50 COSTS AND 0.00 ATTORNEY FEES AGAINST (me) 01/22/2011 NV 11 JUDGMENT FILED BY CAPITAL ONE BANK USA, N.A. ON 01/21/2011 01/21/2011 2 pages 10 DECLARATION - OTHER FILED BY CAPITAL ONE BANK USA, N.A. ON 01/20/2011 01/20/2011 13 pages 9 WAIVER FILED BY CAPITAL ONE BANK USA, N.A. ON 01/20/2011 01/20/2011 1 pages 8 REQUEST FOR ENTRY OF DEFAULT FILED BY CAPITAL ONE BANK USA, N.A. ON 01/20/2011 01/20/2011 4 pages 7 REQUEST FOR DISMISSAL FILED BY CAPITAL ONE BANK USA, N.A. ON 01/20/2011 01/20/2011 2 pages 6 PROOF OF SERVICE OF STATEMENT OF VENUE - SUBSTITUTE FILED BY CAPITAL ONE BANK USA, N.A. ON 08/18/2010 08/18/2010 3 pages 5 DECLARATION - OTHER (VENUE) FILED BY CAPITAL ONE BANK USA, N.A. ON 07/19/2010 07/19/2010 2 pages 4 PAYMENT RECEIVED BY FOR 137 - COMPLAINT OR OTHER 1ST PAPER <=$10K IN THE AMOUNT OF 205.00, TRANSACTION NUMBER AND RECEIPT NUMBER 10509180. 07/19/2010 1 pages 3 CIVIL CASE COVER SHEET FILED BY CAPITAL ONE BANK USA, N.A. ON 07/19/2010 07/19/2010 1 pages 2 SUMMONS ISSUED AND FILED FILED BY CAPITAL ONE BANK USA, N.A. ON 07/19/2010 07/19/2010 1 pages 1 COMPLAINT FILED BY CAPITAL ONE BANK USA, N.A. ON 07/19/2010