David Posted March 4, 2005 Report Share Posted March 4, 2005 Tulsa, ...I have a judgment now and don,t know if the debt validation was on the level, the plaintiff used an affidavit from a..... I think... 2nd hand party to OC who stated they had "...personal Knowledge...." . Summary judgment was ordered because I did not know that answering discovery was mandatory without court order. LBN said thing is admitted unless denied.. I tried to vacate on the affirmative grounds 3yr SOL and plaintifd pulled the written contract card for a 5yr, I suppose becuase of thier nifty affidavit which I personaly considered heresay(see what my opinion got), if I have a case at all I need to exactly how to proceed.... otherwise its time for the old kneepads. Link to comment Share on other sites More sharing options...
c m chase Posted March 4, 2005 Report Share Posted March 4, 2005 The affidavit most likely WAS hearsay....they use that thing all the time and have been sanctioned for it in the past. However, you needed to bring that up in court. And, yes, obvious now I'm sure, you have to answer their discovery. That one gets a lot of people.How long ago did they get the judgment? Recently I assume? You might still be able to get it vacated and retried...which would tickle me to no end because then I could help out alittle. Does anyone know how we can get this vacated? They probably served it ok. I'm sure there were FDCPA violations here. But he got it on a summary. Someone?David, did they actually offer up the signed contract? And, who sued you? The original creditor or someone collecting for them (a collector)? Link to comment Share on other sites More sharing options...
David Posted March 4, 2005 Author Report Share Posted March 4, 2005 judgment entered all per jornal entry..... stay execution until I have a few days on the stay I just dont know how to get this affidavit thrown out of a new trial and make the three year SOL stick in OKLA.. Any further action will be by petiton(new trial) at this point time for appeal is weeks ago expired. yes is was served correctly ....What happened to part where you actually get to see Judge?????? Link to comment Share on other sites More sharing options...
reverserguru Posted March 4, 2005 Report Share Posted March 4, 2005 I think your hosed. You would need a motion to vacate judgment and a good supporting reason.Get out the phone book and start calling attorneys. Some won't charge you for the first call or visit. Post back with the answer. Link to comment Share on other sites More sharing options...
radarbeam Posted March 4, 2005 Report Share Posted March 4, 2005 Go to j-accuse.com or creditwrench.com or richardcornforth.com and start learning about launching a collateral attack lawsuit on your judgment. You collaterally attack a void judgment not direct attack it. Link to comment Share on other sites More sharing options...
radarbeam Posted March 4, 2005 Report Share Posted March 4, 2005 Try this post on how to attack a void judgment.http://www.artofcredit.com/phpBB2/about14553.htmlThere is a link to the 'Secrets of the legal industry' document in there and also links to 3 videos that you should watch.Richard Cornforth is in Oklahoma and he invites people to send him their judgments so he can point out how to collaterally attack the judgment. Link to comment Share on other sites More sharing options...
c m chase Posted March 4, 2005 Report Share Posted March 4, 2005 I'm liking ol' Cornforth. Quite interesting reading. I remember seeing Butch's post, but didn't get too into it. This is pretty neat. *watching video* Link to comment Share on other sites More sharing options...
David Posted March 4, 2005 Author Report Share Posted March 4, 2005 ...was asked for more details...to be brief: a certain CC was defaulted/charged off/assigned and then sold to PLAT..after the dunning threats LBN filed suit for PLAT and after a period of time I got served... Responded in time allowed for verification or validation(didnt know the difference then) LBN/PLAT sent the afforementioned affidavit it did not come from the OC then LBN propounded Discover which I ignored(BAD) then LBN filed Summary and was granted then I tried to Vacate and failed court issued STAY of Execution only a couple days left on that ......hopefully there remains a favorable solution I am studying the gracious responses that have been left Thankyou all. Dav Link to comment Share on other sites More sharing options...
c m chase Posted March 5, 2005 Report Share Posted March 5, 2005 Only has a couple days left?? So it ends Sunday? Or do you have Monday too?Dammit!! Why'd you wait so long to tell us?? I don't want LBN to win this one!! Grrrrrrr. Link to comment Share on other sites More sharing options...
c m chase Posted March 5, 2005 Report Share Posted March 5, 2005 David. Go here ASAP. Maybe we can get you some help there.http://www.artofcredit.com/phpBB2/viewtopic.php?t=15965 Link to comment Share on other sites More sharing options...
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