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VACATING JUDGEMENT


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I am not sure of the SOL to vacate judgment; but in general there are 2 ways for a judgment to be filed. 1. Being where the service took place; or to the county where you live.

To motion for the judgment to be vacated; you just need to go to the court house where the judgment is and ask the clerk for the forms needed to get the case dismissed.

Also get a look at the file it will show how you had been served & you can ask the states attorney what is allowable means in your state for being served. Some states require that your are served notice in person. Others are more loose; saying they can mail it to you or publish in the local newspaper.

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<blockquote>Originally posted by globalinternationalgroup

[bplease refer them to us at www.globalinternationalgroup.com or give us a call at: 843-260-1240 for credit card debt elimination, mortgage termination, or credit repair. All of our services are legal and backed by federal and state laws.......good luck with your case and if you need any official help please give us a call. We will also make any referrals worth your while.

</blockquote>

SPAMMY McSPAMSONITE!

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Per the FDCPA, if they're going to sue you it has to be either where the contract was signed, OR, where you reside. It is not limited to the 'original county' that you mentioned in your post.

Grounds for having a judgment vacated vary widely by State, so you'd have to dig into your state's laws on this one.

[Edit by LadynRed on Tuesday, April 15, 2003 @ 08:46 AM]

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In my case I have the following scenario:

1. They couldn't and can't validate the original contract.

(... which means they can't validate the orignal county)

2. I live and lived in Orange County California. They sued me

Los Angeles Municipal

3. ... what I think is the catch: It's been 6 yrs since the

the judgement.

Can anyone give me an idea how and on what grounds I would

vacate?

Thanks

ADSOFT

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Your problem is that even if you can claim improper service or venue, the SOL for appealing or vacating the judgment is long gone. Per CA law, you only have a max of 6 months after the judgment is rendered to challenge or appeal it. There's just no way the court is going to even listen to you after 6 years, you missed your window of opportunity by 5-1/2 years !

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Isn't there anything I can do in the court system to reverse this?

If I send a payment the original credit and they accept will it

open up the case again?

I'm afraid to call the lawyer who got the judgment. I wan't to settle for a lessor amount but I don't know what to offer.

The judgement was for $2650 + attornes fees and filing.

What should I offer after 6 yrs? Do I have to send it regestered

mail

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Unfortunately, you're too far beyond the time limits set out in the state laws to challenge the judgment's validity.

If they've done nothing to enforce the judgment in 6 years, you may be able to settle out for far less than the full amount. There's also interest accrued on the judgment itself, so that must be considered as well.

Send them an offer. Start at 15-20% of the total, its soooo old they may take it, if not you've started low enough to give yourself some negotiating room. Send it Certified, yes, you want the paper trail. Don't send them anything until you get a signed agreement. You want a letter of satisfaction and they need to file the satisfaction with the court in order for it to show as paid. You can try for deletion, but judgments are public record and this thing is going to drop off your credit report in a year anyway.

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Who do I contact.

Citibank, the original creditor doesn't even know that there is

a judgment out there.

I have the records from the lawyer. Do I contact him? Or, do I

contact the collection company.

.. If I pay the Judgement before the 7 yr period, will it restart the clock on my credit report?

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I contacted the original creditor, Citibank, and we agreed to a settlement of $1500 (%65 of the original amount), I didn't send them any money because I know there is a judgment.

Anyhow, they sent me a bill 5 days after sending me a settlement letter for the original amount due 20 days after the original settlement letter. I guess they are saying that If I don't settle then pay your orignal bill.

I called them and they said if I don't settle they are going to

get a collection company after me. I ignored them because the statue of limitations is up.

What should I do if a collector starts calling me before I

call the lawyer or before I'm ready to settle the judgement with the lawyer. Will bringing up the statue of limitations do?

[Edit by ADSOFT on Friday, April 18, 2003 @ 11:55 AM]

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<blockquote>Originally posted by globalinternationalgroup

tell the lady with the photos of her square face, that I am not trying to replace her giving advise.....</blockquote>

Her name is Kristy (aka admin)

She is not *that lady with a square face.*(?)

This is HER site, not yours, remember that.

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global: You need to know that the "lady who always places her personal photo" next to her posts is the owner of this site and the author of the "Good Credit is Sexy" book advertised above. She offers very correct information. In addition, offering your credit repair services is a form of spam on this site (see the "Report Spammers or Idiots" link, above). Your contribution is appreciated, but please take the time to read this entire site thoroughly ... not just these discussion boards ... to educate yourself.

[Edit by breathing_easier on Friday, April 18, 2003 @ 08:18 PM]

[Edit by breathing_easier on Friday, April 18, 2003 @ 08:20 PM]

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I'm not one to take sides, but I own a business, and even I have to be aware of the law and my rights as a CREDITOR. There have been times that I have been ripped-off because I "LOST THE ORIGINAL RECIEPT/CONTRACT" and had to settle or less or "take it in the pocket book".

Anyhow, It's obvious that CITIBANK screwed up by loosing the orginal contract. I don't even know if I orignaly agreed to 19% interest rate. They further abused my rights and my lack of knowledge in the LEGAL system!!!!!!! This might fall into the category of Malicious prosecution and defimation of character.

... but again, I'm not a lawyer, just a guy trying the best he can to clean up his credit, and hopefully qualify for a loan.

So, I'm going to outline my case for the benefit of the readers who are in my situation.

Now I'm not trying to get on a soap box, but let's get to the basics of how this country works, and how legal systems protects and controls our right to CONTRACT.

Now, basic contract law states you must meet 3 conditions to have a contract:

1. Offer

2. Acceptance

3. Meeting of the minds.

.... I took a business law class before starting my business.

Furthermore, there is a statue which protects you from somebody

trying to pin a contract on you.

1. It's called the "STATUTE OF FRAUDS": I believe it talks about certain contract must be on paper or signed...

There is only one law that I could possible be CONVICTED on, but it is a minor one. Its Called,

1. Unjust Enrichment: Basically, if I did use the card I

may have benefited from it unjustly.

... but then again even if I did use it I didn't agree

to the terms of there contract. Which would mean that

I don't have to pay: Interest, Attorneys Fees, Court

Fees, and who knows what else they have charged me.

Now, I'm sure that there are members on this board who have the same problem as I do, Creditor can't Validate. I feel that if a reader is willing to give us professional advice to the extend that even if we get sued at the MUNICIPAL or SUPERIOR level we still have the FEDERAL law to protect us, he/she should be able to advice us( as long as they quote the law)

Getting back to the arguement of my case.

Hey, a deal is a deal, THATS THE LAW, if CITIBANK lost the contract, ... well "you snooze, you loose". The government isn't

in the business of baby sitting the life of each contract.

They, CITIBANK couldn't collect on my bill, so they took it to a higher level, Municipal Court. Looking back, if I wanted to fight, I should have gotten legal advice and maybe gotten a lawyer. Fight fire with fire!

So, what I'm trying to say is:

When these collectors start taking us to court on these $1,000 to $7,000 bills: We, as the readers should be informed what it would take to seek legal counsel.The reason being is that if you loose on a technicality these judgements can double very easily. And it scary when you are sued for the first time and you have to respond to a summons on a timely basis, or loose a judgement and only have 6 months to react.

I feel, It would be to the benefit of the FORUM if there where some CONSUMER LAWYERS or CREDIT REPAIR PROFESSIOALS who would offer to place free legal advice and or offer settlement services when "PUSH COMES TO SHOOVE(SP.)".

...Because, these creditors (Citibank) are sore loosers. They charge us outrages fees, ruin our credit even if we are one day late. They know that even if they blow it, a consumer is "easy pickens" for a lawyer in court, and they will take us to court even on $2000 bill.

But, for the benefit of the FORUM and the readers I feel that some kind of approach and approximate reasonable fees a consumer in my position should pay to quilified legal person should be outlined and posted.

If I have to pay some lawyer $500 bucks to protect my rights and credit worthiness,consider the fact the if my credit is ruined I will have to pay more than $10,000 extra a year in interest for 7 yrs, or better yet if some consumers have to

spend some money to protect them selves then I think think they should know how much they should have to spend to protect themselves.

Anyhow, I know its too late to fight it my case at the Municipal Level, if I have a case at the Fedral Level, and some

can help me please let group know.

"THERE HAS TO BE A COURT HOUSE IN THE LAND WHICH WILL LISTEN TO MY CASE.

[Edit by ADSOFT on Friday, April 18, 2003 @ 10:55 PM]

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Okay, you're excused for breathing! ;-) I only myself found this site on April 10 and became a member then. So your assumption that I am "best friends" with the owner of this site is erroneous. The owner of this site dispenses plenty of free advice on these boards, as do many others who are equally qualified. We have lawyers, CRA employees, and collection agency employees who post to this site. What I was trying to tell you is that you need to go to the Home page of this site and read it thoroughly to find out what this site is about, how it works, and what is acceptable and not acceptable as far as posting goes. You're wrong about Kristy's book being "unheard of," and you would know that if you took the time to read about it on this site.

While your original post was meant to be helpful, and help is always appreciated on these boards, the information you provide can be found in numerous threads on this discussion board. This site and discussion board has been here for at least a few years and there are many knowledgeable people here. This site is all about repairing and rebuilding your own credit without paying $$$ to someone else to do it for you.

[Edit by breathing_easier on Saturday, April 19, 2003 @ 12:13 AM]

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OK, guys I need help!!!

... Do I have a case?

And what are we going to do to assist the readers in my situation who are taken to court but are in the right.

We all know that a consumer is no match against a lawyer in court..

Read my posting which outlines my case

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Adsoft: Since you're in Calif. I think your best bet is to wait for calawyer's response in the "Lawyer" thread. You just posted yesterday and from what I've read of his posts, he's good about responding. You might even try e-mailing him if you're up against a deadline? Remember, it's a holiday weekend and activity on this discussion board will probably be light.

[Edit by breathing_easier on Saturday, April 19, 2003 @ 12:31 AM]

[Edit by breathing_easier on Saturday, April 19, 2003 @ 12:40 AM]

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Adsoft: I was able to find out that the statute of limitations for enforcing a judgment in California is 10 years [per Calif. Code of Civil Procedure Sec. 683.020 (2003)].

Here is what I found as to your question about having the suit brought in the same county where the contract was signed:

Cal Civ Code § 1812.10

DEERING'S CALIFORNIA CODES ANNOTATED

Copyright © 2003 by Matthew Bender & Company, Inc.

a member of the LexisNexis Group.

All rights reserved.

*** THIS SECTION IS CURRENT THROUGH THE 2003 SUPPLEMENT ***

(2001-2002 SESSION)

CIVIL CODE

DIVISION 3. Obligations

PART 4. Obligations Arising from Particular Transactions

TITLE 2. Credit Sales

CHAPTER 1. Retail Installment Sales

ARTICLE 12.3. Actions

GO TO CODE ARCHIVE DIRECTORY FOR THIS JURISDICTION

Cal Civ Code § 1812.10 (2003)

§ 1812.10. Jurisdiction and venue

(a) An action on a contract or installment account under this chapter shall be tried in the superior court in the county where the contract was in fact signed by the buyer, where the buyer resided at the time the contract was entered into, where the buyer resides at the commencement of the action, or where the goods purchased pursuant to the contract have been so affixed to real property as to become a part of that real property.

(B) In the superior court designated as the proper court in subdivision (a), the proper court location for trial of an action under this chapter is the location where the court tries that type of action that is nearest or most accessible to where the contract was in fact signed by the buyer, where the buyer resided at the time the contract was entered into, where the buyer resides at the commencement of the action, or where the goods purchased pursuant to the contract have been so affixed to real property as to become a part of that real property . Otherwise, any location of the superior court designated as the proper court in subdivision (a) is the proper court location for the trial of the action. The court may specify by local rule the nearest or most accessible court location where the court tries that type of case.

© In any action subject to this section, concurrently with the filing of the complaint, the plaintiff shall file an affidavit stating facts showing that the action has been commenced in a superior court and court location described in this section as a proper place for the trial of the action. Those facts may be stated in a verified complaint and shall not be stated on information or belief. When that affidavit is filed with the complaint, a copy thereof shall be served with the summons. If a plaintiff fails to file the affidavit or state facts in a verified complaint required by this section, no further proceedings may occur, but the court shall, upon its own motion or upon motion of any party, dismiss the action without prejudice. The court may, on terms that are just, permit the affidavit to be filed subsequent to the filing of the complaint and a copy of the affidavit shall be served on the defendant. The time to answer or otherwise plead shall date from that service.

[Edit by breathing_easier on Saturday, April 19, 2003 @ 01:19 AM]

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Where did this "Global ADUB" come from? He has no idea what he is talking about. I'm sure the other seniors have already seen his "BULL". Newcomers, please disregard his posts.

He says "a collector must sue or attempt collection in the county in which the original contract was signed by you". What a crock! A collector can attempt collection in any county they want as long as they abide by any State Licensing Laws that apply. A collector can sue in the county the contract was signed or in the county where debtor lives at time of action. He also references FDCPA 811 as the section for Civil Liability when it is FDCPA 813. He also says a consumer can sue "per incident". Wrong! It clearly states "per action" in the section. It is not a guaranteed $1000.00. The court can also award not less than $100.00. The court can also award what it deems fair and proper. The only way a judgement can be vacated is if it is filed within the SOL of your State which "LadynRed" already covered. He makes reference to adding that little phrase to your check. You need to check your State's Laws as not all States recognize this. California is one of them. If I remember right, there are a total of 14 States that don't recognize this as a "payment in full". He also says to tell a CA that the debt is "undispute" (where did he come up with this one)and it is illegal to call and request they write. Sure, you can request they don't call. It is only illegal after they have received a Cease and Desist letter and have satisfied the requirements of the law allowed them. KB, Morrow, and others, if I missed/stepped on something you said, I apologize. As to this "ADUB's" remarks about Admin, where's the soap?

This company is such a joke, I wonder how they keep their doors open. Hopefully, they went away.

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I don't know why people keep referencing state laws of California, this is a federal law.

I will list the law directly from the Appendix C-The Fair Credit Reporting Act15 U.S.C.s1681 et seq..

S.811. LEGAL ACTIONS BY DEBT COLLECTORS [15USC1692i]

(a)Any debt collector who brings any legal action on a debt against any consumer shall-

(1)in the case of an of action to enforce an interest in real property securing the consumer;s obligation, bring such action only in a judicial district or similar legal entitiy in which such real property is located: or

(2)in the cars of an action not described in paragraph(1), bring such action only in the judicial district or similar legal entitiy-

(A) in which such consumer signed the contract sued upon; or

(B)in which such consumer resides at the commencement of the action.

(b)Nothing in this title shall be construed to authorize the bringing of legal actions by debt collectors.

s813. Civil Liability [15 USC 1692k]

(2)(A)in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000.00;or

(B)in the case of a claas action,(i)such amount for each named plaintiff as could be recovered under subparagraph (A),(ii)such amount as the court may allow for all other class members,without regard to a minimum individual recovery, not to exceed the lesser of $500,000 or 1 per centum of the net worth of the debt collector; ++++++reasonable attorney fees in relation to the work expended and costs.

____________________________________________

Long story short: "send the orginal creditor a letter requesting a copy (front and back) of the original contract that you signed (they will not do this because it is stamped on the back where they have used it to acquire funding for your account in your name or by your credit rating at that time /by your signature) makeup an affidavit for one of their company reprensentatives or agents to sign.. (ie."We have done everything legally for this account #*********for Mr/Mrs.**************. We have not used his/her signature or credit status to fund this account. This account was funded by our own money and not from depositor's monies. We have not broken any laws such as ultra vires nor debt usury laws in the begining of this account nor at any time while this account was considered to be functional. I sign this affidavit as legal proof the our bank named************** has conplied with all federal and state banking laws. Signed:**********************notorized by:*******************

Tell them that you will pay the amount of money that they allege you owe, if they will sign this affidavit and return it to you.

They will not sign this affidavit to validate this account. When they refuse to sign this affidavit, and they will, you then send them a fault letter, giving them the opportunity to cure the fault. They will not do this either(they cannot legally sign this affidavit). Oh, just for the records of keeping peace, the law code for this inaction is UCC Article3, Section 603.>>>>>>>>Keep your copies of ceritfed/request return mail.....Then send a copy of material to collection agency and tell them that they cannot persue collection of any account that is not validated & that you will take account against them if they do any further collection actions or list anything on your credit report. Good Luck

[Edit by globalinternationalgroup on Saturday, April 19, 2003 @ 03:15 PM]

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