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Default Judgment - What can I do?


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I am new, so be kind while I learn. I had my credit report run in March 2004 discovered that I have 2 judgments that are dated Dec 2002! I was shocked and embrassed to say the least and felt really stupid to admit that I was unaware of these being there. But I have found out by reading through this forum and others this happens to the best of us and it is time all of us learn our rights even if it is a bit late!. One of the judgments I have made contact with and trying to settle.

But I am having trouble with the other one - I wrote to the name and address on my credit report for copies of all docs and info regarding the judgement, etc, basically a validation letter. (I understand there is a question on being able to ask for a validation at this point, but it was the only way I could make contact with them to discuss a settlement and to find out who the OC was.) Thirty days passed-(Green Card in hand) and no response. So I go to the court house and pull all the court records and find some info that I think may help me vacate.....

History - The OC is Capital One who sold it to First Resolution Investment, who had an attorney file the judgments.

1) I do not remember having a Capital One CC and they are not listed on my credit reports.

2) There is an an affidavit from Province of British Columbia, City of Burnaby,(?) from an employee of 1st Resolution saying the "books and records" reflect my name and acct # and was sold to them on 6/2001, and reported there was an outstanding principal amount of $$ plus interest accruing since 7/1998.

3) They attempted to garnish my wages (7-2003) to no avail as they could not find my employer to serve, so it was dismissed (the CA filed a notice of voluntary dismissal). I didn't know about this either!

Questions - Could I attempt to vacate based on the following:

Not mine - they did not validate -

Questionable on proper serving -

Out of SOL - it seems the last date of activity must have been 7/98 if we can believe any of #2 above, and the default judgment was signed on 11/02 then this would have been over the SOL - 4 years in Florida for open accts. - right?

Is any of this in my favor?

(This is scary - something needs to be done about "default judgments" - doesn't seems right to be able to follow through without proper notice of serving - signed receipt, etc) Sorry for the lengthy post.. :(

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I have a default judgement also. I was never notified of a court date nor have I recieved any letters from the court. When I called the court up on July 21 I was informed I was suppose to be in court on the 18. Why do I

have a hard time believing that one? :lol:

The CA that sued me doesn't have this account. I was one of the members of the class action lawsuit against Providian. I know where the lawyers placed this charged off account. I know Providian would not be saying something in their summary judgement papers that these people are saying.

Its to easy for the courts to grant default judgements. We can file a complaint about the judges. Everybody has a boss.

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Mack,

This is an example of a pretty eggegious case. You should go to your local courthouse and find out what you can such as the identity of the attorney who sued you, etc. Most likely it was a local lawyer. Bunaby is part of Vancouver, B.C. and there are many shady operators working out of there. You may have a very good case here against the attorney at the very least.

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Mack,

This is an example of a pretty eggegious case. You should go to your local courthouse and find out what you can such as the identity of the attorney who sued you, etc. Most likely it was a local lawyer. Bunaby is part of Vancouver, B.C. and there are many shady operators working out of there. You may have a very good case here against the attorney at the very least.

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Thanks for the response - the attorney is not from my local area but he is from Florida. How should I begin this case - by presenting the court with a vacate notice? And if so, is it time to get an attorney or should I do the forms and try it? I would like to start something immediately - as I have an opportunity to sell my house at the end of August and I do not want to have to pay this judgment to clear title. If I begin the paperwork now and it is pending at the time of closing - do you think I could request the payoff be placed in an escrow account until the court makes a decision? I would really like to fight this thing.....Any advise would be appreciated. Thanks....

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Thanks for the response - the attorney is not from my local area but he is from Florida. How should I begin this case - by presenting the court with a vacate notice? And if so, is it time to get an attorney or should I do the forms and try it? I would like to start something immediately - as I have an opportunity to sell my house at the end of August and I do not want to have to pay this judgment to clear title. If I begin the paperwork now and it is pending at the time of closing - do you think I could request the payoff be placed in an escrow account until the court makes a decision? I would really like to fight this thing.....Any advise would be appreciated. Thanks....

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