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I got a notice of filing of foreign judgement which was filed in my current county in GA (Gwinnett). This was a judgement from 2011 when I lived in FL. The paperwork says it is a "Complaint to Revive a Dormant Judgment." I guess it became dormant in 2018, and now they want to revive it in GA because that's where I currently live? They are still within the time frame to revive it. The complaint was filed by RAS LaVrar (in FL). They sent me all this through certified mail and presented an exhibit which was just the agreed final judgment signed in 2011. The last page indicates that I have been summoned and required to file with the clerk of court and serve an answer. My question is what should I answer with? Do I have any reason to oppose the revival? Or do I let the judgment revive? Should I ask to validate the debt, which seems pointless since the judgement from FL pretty much indicated I acknowledged I owed it so I don't know if they would even need to provide that. I would prefer just to negotiate a settlement, but if I pay on this, does it suddenly get added as a negative item to my credit report? My current credit report shows no judgements, but I'm afraid if they revive this, then it will now go on my credit. Does anyone know if the judgment will now suddenly appear if it is revived? I would prefer to just pay and not have this judgement on my credit. It's about 3K. But I'm not sure if I have time to settle this before I have to answer. Not sure how to answer this summons if I can't really oppose it?
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Ok so I'm new to this process and when I discovered I could "e-file" I envisioned uploading a few pdf files before midnight... it's now 6:24pm and midnight is approaching before I'm technically judgement-eligible... Can I call the actual debt-buyer tomorrow and settle (lump sum) before the attorneys have the chance to file to enter judgement and garnish wages, etc? If so, what document do I request from the debt buyer to prove the debt is cleared to the courts? Just a $0 balance? Would I still be liable for the fees the lawyers accrued for filing the suit? Thanks,
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I was sued by unifund in small claims court Alabama, I counter sued due to clear a FDCPA violation. On their case against me, they failed to perform a key procedure of the court rules and I had the case easily dismissed. On my counter suit, I proved that they failed to cease collection after receiving a validation request, the judge agreed and granted me a 1000 dollar judgement against them. How do I collect? I have researched getting a writ of execution, but how does that work with Unifund being in a different state? Funny how when the shoe is on the other foot, they won't pay their bills!!! Looking for any suggestions, thanks!
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I want to settle a judgement after 4- years when I got it. They attached one of my banks but there were no funds in it so that account I cant do anything with- They just initiated a wage garnishment but its a part time gig and in California they are not going to get much. But I want to rid this thing once and for all. What is the best negotiation tactic to offer less than 50% of a about a 4K debt? Should I contact the debt buyer directly- the attorneys that are listed on the account for wage garnishment. Should I not phone call them or just send a letter certified to offer a settlement?
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I had a preliminary title search done on my house in San Francisco. I found a judgement for Midland for about $9043. I had never been notified. I had never heard of this. It is not on my credit report. I called Midland and it turns out to be a credit card that had been charged off in 2010. On the charge off statement on Midland's website the total due was approx. $7000. The judgement was on October 2, 2018. Does anyone know if there is a statute of limitations? Is there anything I can do about this?
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Capital One Bank (USA), N. A. Balance: $4,704.79 I was laid off back in 2007 and defaulted on my capital one credit card. I was not in a good headspace and never opened my mail as it was always bills and collection notices. At some point a judgment was ruled against me in 2010 for the Cap One debt that I was unaware of (being taken to court) until I just received this letter from Patenaude & Felix, A.P.C. FKA Bleier & Cox, A.P.C. dated 2/25/19 this past week (it went to an old address). It reads I have 14 days to accept their offer (reduced to 70% - $3,293.35). 1) do lawsuits show on credit reports? As I don't see it or anything under collections on my reports. 2) is this place legit? 3) now that there is a judgment against me, I need to handle this. Which honestly. I do want to as it was a debt I accrued at the time. But the amount of money is still a lot for me. Is this amount negotiable you think? I want to handle this personally and not wait to see what happens and next thing I know my accounts are drained and paycheck garnished.
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Hi I am being sued by Midland through an attorney in Georgia. I never received an initial letter. I was served March 1, 2018 and was totally surprised because I never received anything stating that I owed Midland. I called the court and they stated that they filed but hadn't submitted the server confirmation yet. I have until the end of March to reply. I did have an account with the bank but it was written off. 3 different DC owned the alleged account before Midland. They sent me the attached bill of sales with certificate of conformity and 3 copies of old credit card statements without my name and a fact sheet with my name address total due. The bill of sales do not have my name on them. They show that they bought a bundle of accounts. I need help, please! I downloaded a copy of the answer form from the court. Should I answer with deny and/or should I motion to dismiss for a lack of information and the fact that there was no initial communication? I'm a 57 year old nervous Reck! PLEASE SOMEBODY HELP ME! 1. Who is the named plaintiff in the suit? Midland Funding LLC assessor in interest to Credit One Bank NA 2. What is the name of the law firm handling the suit? Green and Cooper LLP 3. How much are you being sued for? OVER ONE THOUSAND 4. Who is the original creditor? Credit One Bank N.A. 5. How do you know you are being sued? I was served. 6. How were you served? In person. My husband received it. 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I never knew of Midland until the lawsuit. I haven't responded yet to the lawsuit. I have until March 30, 2018. 9. What state and county do you live in? Georgia Gwinnett County 10. When is the last time you paid on this account? 2016 11. When did you open the account? 2012 12. What is the SOL on the debt? 4 years 13. What is the status of your case? claim filed Feb 8, 2018 14. Have you disputed the debt with the credit bureaus. No 15. Did you request debt validation before the suit was filed? No, because I never received anything regarding this debt until March 1, 2018. 16. How long do you have to respond to the suit? March 31. 17. What evidence did they send with the summons? Affidavit stating that they bought a bundle of accounts. They attached 2 bill statements: One for 2016 and One for 2017. They also had a field data attached. The suit just claimed the defendant is indebted to the Plaintiff as follows: Owe the principal amount $1,xxx.xx, subject to a credit for payment in the amount of $00, plus pre-judgement interest at the rate of 7% from charge-off date through judgment date, plus post-judgment interest at the statutory rate and all costs (Court costs subject to Court approval) of this action. Midland Funding LLC purchased this account. The original credit grantor is Credit One Bank, N.A. the original account number is xxxxxxx6969. All exhibits attached hereto support the foregoing allegations and by reference are made part of this Statement of Claim. That said claim is in the amount of: XXXXXX principal was left blank interest, plus $117.00 cost to date and future cost of this suit. State of Georgia. It was sworn Jan 22 2018 Notice and Summons was stamped Feb 19, 2018. It said Plaintiff made a claim and is requesting judgment against me and that I needed to present an answer. CLAIM STATED.pdf
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Hi, I was the owner of an single member LLC that went out of business. A debtor (advertising company ) sued for balance owed and for breaking the contract. I never signed personally for this contract but the plaintiffs attorney named the LLC and myself on the complaint. They eventually got a default judgement for both the LLC and myself. Do I have grounds to have this motioned to vacate? This collection company is now trying to collect on this judgement. Any advise would help. Or even a sample motion to vacate would help.
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needing help with my moms judgement .............i followed steps provided on one of the forums but unfortunately i didnt notice the forums was a few years old that i had studied and with the information i was provided i shared in court and portfolio had an answer and the judgement was against my mother based on my lack of providing evidence or information for the judge to move in her favor.................... with that being said are there any forums already posted that address someone filing an appeal or anything related that i could study that would help build a stronger case against portfolio ............................... thanks in advance
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PRA judgement in Cali with no notices of court date
wolsen3129 posted a topic in Post Judgment Forum
My employers HR Dept. was recently notified that I had a judgement against me from PRA. I have never been served any papers by either a process server or in the mail about any lawsuit against me. Is there anything that I can do? Because of this judgement, I am at risk of losing my job and a professional license now. I don't even know how much the judgement is for or if it is even valid. How do I even know that they are not just making up stuff and won't continue pursuing to try and get other judgements against me since they have now found a way for me not to fight back? -
Hi. I have to go to court next week to defend myself against a Motion for Summary Judgement from Midland Funding. I have never been to court and do not know what to expect. Following is link to the Complaint, my Answer, Plaintiff's Motion for Summary Judgement and my Objection to Motion and Request for Documents. Also please see my responses to common questions below. Thank you in advance for any advice you might offer. *******EDIT - If you can't open files below see other link in my next post below ************ Complaint: https://www.evernote.com/shard/s447/res/9d65396d-9099-4f47-9436-1b3c79784d0b My Answer to Complaint: https://www.evernote.com/shard/s447/res/41cff245-a48c-4b0c-b1ae-0c2c479497d7 Plaintiff’s Motion for Summary Judgement: https://www.evernote.com/shard/s447/res/4ea10ea3-a221-4f66-99bb-f4ff5f7e9010 My Objection to Motion: https://www.evernote.com/shard/s447/res/3d47dcdc-fe54-421f-9ab7-54ee5fd7cf9f My Request for Documents: https://www.evernote.com/shard/s447/res/82843a43-805b-4e74-8b54-355e4c1bdd4f 1. Who is the named plaintiff in the suit? Midland Funding 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Lustig, Glasser & Wilson from Massachusetts 3. How much are you being sued for? $1527 (about $315 of that is fees tacked at charge off) 4. Who is the original creditor? (if not the Plaintiff) GE Capital Retail Bank (TJ Maxx credit card) who then sold to Synchrony Bank 5. How do you know you are being sued? (You were served, right?) Yes, served - see below- 6. How were you served? (Mail, In person, Notice on door) Husband answered door and was given papers while I was upstairs 7. Was the service legal as required by your state? I believe so, yes Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None with me but my 11 year old son may have answered a call from them once 9. What state and county do you live in? RI 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Never did. Called in TJ Maxx in December just around Christmas to pay bill but I was told I could not as it had just been charged off. 11. What is the SOL on the debt? To find out: 10 years in RI Statute of Limitations on Debts 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). Served and I answered complaint. Midland immediately sent Motion for Summary Judgement. I filed an Objection to Motion for SJ and I requested Documents. Hearing for Motion is next week, 9/22/16. 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? No Questionnaire. Re: Midland’s claims, please see the link to Complaint below as there are 18 counts Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Affidavit 1: “Legal Specialist” with access to records for Midland Credit Management Affidavit 2: “Affidavit Documentation Specialist” of Synchrony Bank Bill of Sale Seller Data Sheet A last document that looks like a TJ Maxx bill with total amount charged off
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Back in 2009 we were losing everything. A law firm Michael Kahn filed an Entry of Default, Clerks Judgment for a $24000.00 AMEX bill. Nothing was ever done, I never heard anything more and my credit report said the debt had been written off. It doesn't even appear on my credit report now....well, unless it will be populated again by the action that another firm, Bleier & Cox, APC. They somehow have this judgement that was files with that Kahn firm in 2009. They mailed a copy of the judgement with their names on it. Five (5) days later all personal accounts were EMPTIED....I can't even imagine how they can take ALL money from someone. I don't know what to do now. Can they keep emptying the account? Will they negotiate for less? Payments? I'm afraid to call them and make it worse, though I don't know how it can be worse. Any help, counsel, advise, experience with people.....all that would help! Thanks in advance
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I have recently pulled my credit report and saw that I have a judgement for about $2100. It is from CACH LLC for a CareCredit card that I had.. I didn't go to court for this.. How can i get this removed?? I am willing to do a payment plan or settle the debt..
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It all started last year, my case is in california and i had a lawsuit against me for the amount around 1,800. I have went to court and tried to fight the case the best i can but it seemed that the judge was more in favor towards the plaintiff. I had no way to lower the amount i owed and i tried to do a payment plan but it was already too late. so i end up loosing the case and now i have a judgement against me for the amount now of @2500 that is with the lawyer fees , etc. So now its 2016 and i am barely making it to survive. so i have a car that's already payed off under my name its a ( 8 year old car) . will cach llc take this property from me ? i really don't want to stress it out but i know that now that i have a judgement against me ....does it matte if i pay this amount soon or by the need of the year when i have some money saved up ???? i know its going to be on my credit report .. but i would like some outlook on what happens after you loose your court and now a judgement is against you . - Thank you kindly.
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Hi! I am new here. I pulled my credit a month ago and found a judgement from 2014. I never knew about the judgement as I was never served. When I opened the credit card I lived in Virginia. Due to my daughter having special needs we moved to Missouri in 2013. I was completly unaware of the judgement. They supposely served me at an old address. No family lived there. I called Portfolio to resolve the issue and they would not negotaite. They will accept the whole payment for 1100.00. As I talked to them they kept threatning me telling me they will take more legal action against me if I don't pay. I called back a second time to resolve the account rep told me they will take payment for 943.80 they won't settle for less. That is the judgement amount. They told me they can't settle a judgement because they have to get the court to sign off on it. Again they started to threaten me so I can told them I would have to call them back. I did contact Chesapeake courts and received a copy of the warrant in debt and all of the paperwork. Where do I go from here? Contact PRA? Courthouse? lawyer? I have no issues settling the debt. I really do want the judgement to be vacated. This account shows a total of three times on my credit report. Orginal creditor, collection account and judgement Any help would be very appreciated! Thank you!
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Hi! I am new here. I pulled my credit a month ago and found a judgement from 2014. I never knew about the judgement as I was never served. When I opened the credit card I lived in Virginia. Due to my daughter having special needs we moved to Missouri in 2013. I was completly unaware of the judgement. They supposely served me at an old address. No family lived there. I called Portfolio to resolve the issue and they would not negotaite. They will accept the whole payment for 1100.00. As I talked to them they kept threatning me telling me they will take more legal action against me if I don't pay. I called back a second time to resolve the account rep told me they will take payment for 943.80 they won't settle for less. That is the judgement amount. They told me they can't settle a judgement because they have to get the court to sign off on it. Again they started to threaten me so I can told them I would have to call them back. I did contact Chesapeake courts and received a copy of the warrant in debt and all of the paperwork. Where do I go from here? Contact PRA? Courthouse? lawyer? I have no issues settling the debt. I really do want the judgement to be vacated. This account shows a total of three times on my credit report. Orginal creditor, collection account and judgement Any help would be very appreciated! Thank you!
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My question involves an entry of judgement in the State of: Washington, DC Two 1/2 years ago a debt collector sued me for a credit card debt. We settled and a judgement was NOT entered. As long as I made $75 dollar payments a month until the payment was paid off, then debt would be resolved. Fast forward, early 2015 I was told my last payment was due on August 2015. I made my "last" payment in August of last year. Three months later I'm being sued and entry of default has been set against me because I didn't make the last two payments. It seems, that sometime between August 2015 and December 2015, the law firm that I originally dealt with and settled with, was sold to a bigger law firm. They, the bigger law firm, now want the entire amount. I tried explaining to them that I was told the last payment was in August but of course, I can't remember who I talked to. I also was never given a reminder that I was late on a payment. Anyway, 98% of my payments were made on green dot pre-paid credit cards. I learned from here to never pay debt collectors/law firms using your checks. The other 2-3% were made via money orders. I still have all of the green dot cards but because I didn't register my name and information, I'm trying to get them to send me records. Anyhow, I just received by mail, from the law firm, regarding the history of my account. The history shows the the first payment until the last payment which was August 2015. It CLEARLY shows - that I made all my payments every month with the exception of the last two $75 payments. I got a court date this Wednesday. Is there anything I can say to the Judge to avoid this to turn into a judgement? Thank you ....
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Hi all First post, so take it easy on me I completed my chapter 13 bankruptcy in January of 2014. It only took me a couple years to complete. Most of the debt was from payday loans that I just could not catch up on. Chapter 13 was a good solution to help me organize my debt, and pay off in full without trying to manage multiple creditors. I filed in 2012. Long story short, recently I was denied credit because of a judgement on my credit report. Upon further review I found 2 judgements from 2010, prior to my bankruptcy. One of the judgements reflects that it is satisfied, and indeed that creditor was included in my bankruptcy payments. Another, is still showing outstanding from 2010. When I look at my BK ledger, I do not see the creditor in the judgement included. I am not sure if the debt was sold off and another creditor was included in the BK. When my BK lawyer reached out to my creditors during the filing, many did not repsond. This is why it took only a couple years to pay off all my debt. My question is - How do I go about having this judgement removed? Is there any legal right since it was prior to my filing and completion of Chapter 13? And since I do not see them on my ledger, is it riskier to call the creditor and ask for it to be satisfied, or do I just hold out for 2 more years and let it fall off? Any advice is appreciated. Thank you all!
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Listen, I am not a lawyer and I am not an expert, by any means, but I've been reading this forum for over a year, and now that I have also had some experience in these matters, I feel compelled to make a few observations about (what seems to me to be) the general strategy that JDBs (junk debt buyers) use, at least in California. 1st – The JDBs depend upon the fact that most defendants are not going to answer the complaint filed against them, which allows the JDB to receive a default judgement, winning the case, and allowing the JDB to then proceed to garnishing the defendant's wages. 2nd – If the defendant does file an answer, the JDB's attorney will attempt to trick the defendant into admitting guilt or into making an error when responding to discovery requests, which the attorney will use to win their case. 3rd – JDB's attorney sends the defendant a CCP 98 (affidavit in lieu of live testimony) that will allow JDB to enter as evidence any documents attached, unless the defendant subpoenas the witness listed in the CCP 98 and files an objection to the CCP 98. 4th – The JDB's attorney, almost always, knowingly lies on the CCP 98 when they say that the witness will be available for service for the 20-days prior to the court date at an address within 150 miles of the court. It has been my experience, and it seems to me that in most cases filed in California, that a defendant has an excellent chance of getting their case dismissed if they simply follow the guidelines provided by ASTMedic in his topic: How I beat Midland in California. In addition, since ASTMedic's case, there have been two excellent cases that provide even more case law to use against the JDBs' strategy: Target v. Rocha and CACH v. Rodgers. Besides ASTMedic's guidelines, I also highly recommend the following two links that this forum lead me to, and which were particularly helpful to me. The first is a little old now, and was prior to Target v. Rocha and Cach v. Rogers, but contains actual filed court docs: http://www.plainsite...sandra-pacheco/ The second is the opinion from CACH v. Rodgers: http://www.courts.ca...ve/JAD14-11.PDF
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Hi I'm new here and am at my wits end on what to do. In 2008, I got a $13,000 personal line of credit from Beneficial. I was paying extra every month for insurance in case I was unable to work due to an injury etc. Well, I broke my leg that year, and asked to have the insurance coverage be put into effect. They denied me because I was self employed. Funny thing is, they knew I was self employed when I got the line of credit. I fought it with a lawyer, and they dropped it. Then, on December of 2011, a judgement was entered against me for $14,996.94. I have not been able to make any payments, plus I feel that they are at fault for charging me insurance when they knew damn well I was self employed. I just received by mail in my mailbox, a new court document. It is a "Challenge To Garnishment", and attached is the writ of garnishment that I never received before, and in that writ it states," A judgement was entered against the Debtor for the debt, or the debt otherwise became subject to garnishment, on January 8, 2011." I never got that set of paperwork either. The new requested amount is $42,242.47 The statute of limitations in the state of Oregon is 6 years. We are at 7 right now. What do I do? I am a single mom, full time student living on financial aid with no savings, nothing. I get $150 a month in child support for two teenage girls. Barely scraping by. What can they garnish? I don't have a job! Please help me, I am still going through a nasty divorce, and really don't need anymore court apperances, they are getting in the way of my education. Thank you!
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First post for me in a long while. I was a member here many years ago. I have a pretty good handle on most credit repair topics, but have run into one that I haven't experienced before. I have a judgment showing up on my reports with Equifax and TransUnion. it is not my judgment. My landlord was sued for foreclosure due to non-payment of her condo fees. In these instances, the association also has to sue anyone that has an interest in the property, which includes the tenants. The reason being is that if they foreclose, they extinguish everyone's right to own or occupy the property. That is common practice. I am an attorney and fully understand the law on that front. I filed a motion to dismiss. My landlord defaulted. At the final hearing, I was dismissed from the case and judgment was rendered against my landlord. By Court order, I paid rent directly to the association for the remainder of my lease. The Court documents and the docket correctly depict what happened. Somehow EQ and TU picked it up as being against me and not my landlord. I have disputed with both and gotten no satisfaction. I provided them with all the relevant court documents. I don't really want to start with threatening letters. I am confident that if I can get to customer service manager on the phone, it can be handled pretty quickly. Any advice?
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1. Who is the named plaintiff in the suit? PCA Acquisitions V, LLC 2. What is the name of the law firm handling the suit? Machol & Johannes 3. How much are you being sued for? 4,500.00 4. Who is the original creditor? GE Capital, amazon card 5. How do you know you are being sued? Served 6. How were you served? They handed papers to my husband when he answered the door. 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? Washington state Clark county 10. When is the last time you paid on this account? last payment made was 1/22/14 as per my credit report, But looking at the summary on my payment history it is 10/2013 11. What is the SOL on the debt? 6 years 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). 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? No 15. How long do you have to respond to the suit? by tomorrow 16. What evidence did they send with the summons? An affidavit and bill of sale I messed up early in the case, I was served with papers that seemed like a scare tactic because they had no court case or date. I reponded to both the courthouse and the plaintiff with: My affirmative defenses were as follows: Defendant denies the allegations contained in Paragraph 1 of the complaint as defendant is without information or knowledge sufficient to format an opinion as to the truth or accuracy of alleged assignments or entitlements. Defendant denies the allegations in paragraph 2 as there is not, nor has there ever been any agreement, written, oral or implied with the plaintiff and defendant. Defendant lacks knowledge of the truth and thereof denies allegations contained in paragraph 2, plaintiff has failed to provide defendant with any kind of account numbers or documentation for alleged debt. I have not entered into contract with the plaintiff I dispute the amount to be owed The amount demanded is excessive The defendant states that other defenses and counter claims may exist and will be added as they become known. Wherefore, the defendant prays that the court take nothing of the plaintiff's complaint by virtue and dismiss the complaint. I was mailed documents requesting motion for default and judgement last week that give both a court date (July 17th and a case number) along with an affidavit, bill of sale, copy of service papers and my affirmative defenses. My question is, have I messed it up and have no recourse of action? or can I motion to dismiss because the proof they provided was hearsay?
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I've been reading the forums but didn't find anything specific to my state on getting judgements vacated or how to do it. We just went to refi our house and found out there is a judgement on my husbands Transunion report of a judgement from Capital one from 2010. This is from WA state. We finally found the judgement on the court page and there is a filing date of 1/26/2010 and a judgement on stipulation on the same date. On 2/26/2010 there is another filing that says ORDER RE: SUPPLEMENTAL PROCEEDINGS JDG0001 and at the end where the fee amount would be they have 04-12-2010MO. On the next line says 04-12-2010 CANCELLED: PLAINTIFF/PROS REQUESTED Cancelled: Plaintiff/pros Requested 3/07/2013 looks like they put in for a garnishment from our credit union then there was an answer to the writ and on 5/012013 it just says Release. Does anyone know what any of this means. Is this debt released and Transunion won't let it go? Do I need to file a motion or is it too late? In Oct 2009 we moved to Denver and had renters in our home for a few months and were never served any papers. Can we do anything at this point or are we stuck owing this to get it off the report? Thanks so much for your help
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I've been living in Florida for 8 years now. I've built my credit up to just under a 700 score. Not great, but I've made a lot of progress. About 2 years ago I started getting really proactive about it to the point that I check my credit report at least every other week, and there have been no judgements or collections on my credit report in that time. Today (2015) I got paperwork in the mail from my bank stating that $4,652 from my savings account was put on hold by an attorney because of a judgement that was filed against me in New York in 2005. This included (from what I understand) 10 years worth of interest. I had my Mom go to the courthouse in New York to obtain a copy of my file and she was able to verify that the judgement from back then was legitimate. So they are collecting on it from me now, 10 years later, and several years after the judgement has already come off of my credit report. If I owe it, I owe it. It's going to really hurt me financially, but it is what it is. I just don't want it to harm my current good credit. So my question is; when this is all said and done and the attorney finalizes getting the money from me, will this somehow pop back up negatively on my credit report? Or because the judgement has already come off of my credit report years ago, he just collects the money from me and that's the end of it?
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Hi All, Lost my case today :'> . If you are in Chatsworth with Judge Brenner, he is 200% a Creditors Judge. After the verdict, I asked him if you don't take any evidence or lack thereof into consideration how does a Defendant ever pervail in your court, he said only by proving they are not the correct person being sued or if the Defendant paid for a defective item and the store refused to reimburse. He then added if you make charges and make payments then I believe it to be your bill. . Essentially he takes no 2015.5, CCP98, elements required for an account stated, Custodian of Records lack of personal knowledge, standing etc.... into account. So I WANT APPEAL. is this something I can do Pro Per or do I need an attorney? How does the process work?