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Found 6 results

  1. 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.
  2. 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
  3. 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.
  4. 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.
  5. Has anyone dealt with and had success with vacating a NY tax warrant? The story is as follows - I worked two jobs for a few years. This year, apparently the IRS modified one of my W2s from 2008 which then changed what my state return should have been. I received a bill from NY Tax and Finance sometime in the middle of last year (around June). I moved a few weeks later and kind of forgot about it. So, in around November I received another bill and went through my tax info to try to figure it out why (the bill said nothing about why I owed the money). A couple weeks later I checked my credit karma score (I do every morning) and was shocked to see it drop about 40 points because of the addition of a public record (tax warrant). So I immediately went online and paid the bill. I called and they explained why I had owed the bill. Now, mind you, this was a $298 bill from something that occurred this year in relation to a change made on my 2008 return. The guy that I talked to at the collections office of NY T&F told me that I could write a letter to the Tax and Finance Correspondence Office to "plead my case" to ask to have it vacated. He said in 30 - 60 days I would receive a letter of satisfaction but that I could send the letter to Correspondence now if I wanted. I wrote them a letter basically outlining how it was a very innocent mistake, for a small amount of money, from a change I did not understand that I paid immediately. Saying how I've been working on my credit, want to buy a house soon and this is going to really ruin my chances. Asking them out of the kindness of their hearts to help me, etc. I sent it a few weeks ago and haven't heard anything yet. I know things work slowly with state bureaucracies but I am really freaked out by this. Has anybody had any experience with this? Any idea what I should do? I really appreciate any assistance at all because I have been working so hard to clean up all of the negatives on my CR, have been very responsible the past few years and this is really just a huge setback for me. Side note, I have heard that it is almost as bad to have a paid lien as it is to have it sit unpaid (like a paid collection). Also, does having the warrant vacated actually remove it permanently from my record so that it doesn't show up on my credit?
  6. I am really confused about this topic. There was a tax warrant placed on me for less than $300 for something that I was unaware was happening. It was an innocent mistake. I paid it immediately and sent a letter to the NY tax correspondence department. I then followed up today (3 weeks after I sent the letter) and asked if there was somebody I could talk to in order to have the warrant vacated. First he told me they only did that if the warrant was placed in error or if I paid it before it was placed. I paid it about 3 days after and was unaware it was being placed it was for around $300. So anyways, I ask "so this $300 bill that I was unaware of is going to screw me for like seven years now?" The guy tells me that having a warrant vacated does not remove it from credit and that it is the same thing as a satisfied warrant. He said "from experience in the banking industry once it is satisfied it doesn't negatively affect your credit. So it won't screw your credit if it is paid." This really runs counter to everything that I have read. A) Does having a warrant vacated remove it from your credit history? Is having it vacated the same as satisfied as far as credit is concerned? C) Does having a paid/satisfied warrant not affect your credit? D) Is there anything I can do about this?