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Judgement

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Why would a collection agency/Law firm be concerned with contesting my motion to vacate a judgement if they have already been paid years ago? Yesterday I went to court to trying to vacate the judgement against me(I was not served). The creditor's lawyer shows up and vigirously argue the case as if they have something to lose. Got any ideas why?

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Time to kill, revenge, lawyer convinced payee that it was money well spent? Did you win anyway?

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Thanks for your quick reply. The judgement was delivered to an address(my mother-in-law's)in which I have never lived. So the Judge asked me to return to court in two weeks with proof(copy of lease agreement,old phone bill, etc.) of where I lived during the time the judgement was served. Hopefully it will be enough evidence for the Judge.

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I think it will....just make sure you have more than enough proof. Go overboard.

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I am currently trying to dipute a claim on my credit report. It was put on there by a previous landlord who claims to have a Leasing Company of which I haven't been able to find. Question: The claim is listed as a individual account for approximately 10K. I shared a lease with 20 people. The creditor (landlord) is claiming damages and past due rent. Even if this claim was true, which it is not, I would only owe 1/20. I was never given a judgement either. Is this legit? I have tryed to dipute this twice ...both times verified. It is not even conceivable to claim so much money. Where do I go from here? Please help!

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Is it a credit entry or a judgement?

Call your local court house too and see if the guy has a DBA registered and when it was originally filed.

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<blockquote>Originally posted by rick coleman

Why would a collection agency/Law firm be concerned with contesting my motion to vacate a judgement if they have already been paid years ago? Yesterday I went to court to trying to vacate the judgement against me(I was not served). The creditor's lawyer shows up and vigirously argue the case as if they have something to lose. Got any ideas why?

</blockquote>

Hi Rick,

I am preparing to do the same thing :( . I called the court and they told me I would have to come in and goe to the Law Library to print out a form to have the judgement vacated. Both originated in 1996. One was paid in full in '96 the other in 1998. One will reach the SOL Mar 03 but I don't want to wait.

Can you tell me about the form you had to complete ? and What was the time frame...how did they notify the creditor's attorney? Was the OC or the CA's attorney? I'm getting a little concerned. I thought it was a simple, quick process :confused:

Thanks in advance for your response :)

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Vonniegirl, I simply went to the courthouse and asked for a form to dispute a judgement. (I live in Alabama). I completed the form there (in the courthouse). The form was very simple and only took about 5 minutes or less to complete. I had to send the creditor's attorney notification by certified mail within 24 hours of filing the dispute. I do not know what the SOL is here in Alabama. The Judgement was filed in February of 1999. Since the Judge is still hearing the case I assume I was within the SOL. I will be returning to court in 10 days with the info that the Judge ask me to bring. Try searching online for the forms you need. I was able to find a Dispute form (for California) a few weeks ago while I was doing research for my court case. Of course I can not remember now where I found that form. I do remember starting my research by doing a general internet search using the phrase "Judgement". Good luck.

-Rick-.

[Edit by rick coleman on Friday, October 11, 2002 @ 01:23 PM]

[Edit by rick coleman on Friday, October 11, 2002 @ 01:24 PM]

[Edit by rick coleman on Friday, October 11, 2002 @ 01:26 PM]

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Thanks for the reply rick,

You mentioned that you had to notify the creditor's attorney that you were filing a dispute via certified mail...where did the attorney's name come from the court papers? and why did he show up in court?

From the time you completed to Motion to Vacate until you showed up in court how long did it take? :notsure:

[Edit by vonniegirl on Saturday, October 12, 2002 @ 12:49 PM]

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Vonniegirl, the name and address of the creditor's attoney should be on the original court papers. It was a 10 day wait before the Judge would hear the case. I do not have a clue as to why the creditor's attorney showed up. I paid them 3 years ago. It appears to me that they have nothing better to do than to try to smear someone's credit history. The attorney they sent was not just any attorney. He is a partner in his Law firm. Why would this guy be arguing a $200 debt that was paid 3 years ago?

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Thanks for the reply rick! I am still amazed that a partner would come to court for such a small amount :eek:

My judgment was in the thousands. I paid it out and thought nothing of it becasue one is due to come off in March of 2003 :) . I'm a little bit impatient and want it off now. However, if it's going to antagonize the OC maybe I should just wai :notsure:

[Edit by vonniegirl on Tuesday, October 22, 2002 @ 08:38 AM]

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Thanks for the reply rick! I am still amazed that a partner would come to court for such a small amountof money :eek:

My judgment was in the thousands. I paid it out and thought nothing of it because one is due to come off in March of 2003 :) . I'm a little bit impatient and want it off now. However, if it's going to antagonize the OC maybe I should just wait :notsure:

[Edit by vonniegirl on Monday, October 14, 2002 @ 08:37 PM]

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Congrats!!!!!!!!

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