Jump to content

Judgment vacated against Citi. Part 5. DV the col firm?


Recommended Posts

For more info go here:

http://debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=26588&highlight=

Que-Hi, my next court date is tomorrow. I have since filed my answer and sent a copy to the Plaintiff's attorney. I have also Dv'd the Plainttifs attorney with them failing to respond within the 30 day period required. It should be noticed that the judgment was vacated but I still was required to file the answer or I would be back to square one. I challenged things like the process of service, etc.

I think the DV will strengthen my case in essence because if the CA (Plainttiff attorney fails to validate this debt, they aren't allowed to collect on it). Any suggestions or comments are welcomed.

Link to comment
Share on other sites

So the judgment is vacated?

And they've already come back at you with a lawsuit to recover the debt? If that's the case, then a DV is not much help. Just proceed with answering their interrogs.

Que-No this is still the same case continued. The Judge told me that the default judgment was vacated based on me challenging the motion alone and the bad service. HOwever I was required to file an answer with the courts to the original complaint of the plaintiff or as the judge mentioned, they could reserve me again and I'd be back to square one. The purpose for me to file the answer as my attorney told me was to get the case dropped entirely since if they didn't serve me originally in the first place, they couldn't have brought me to court.

As with the DV I used it because I've gotten the original default judgment vacated so I challenged the plainttifs attorney (CA) to validate this debt as in accordance with the DV method. I was never even sent a form by them saying "we are attempting to collect debt you have 30 days to respond, etc." The only way I knew about the status of this account was after I checked my Credit report and saw that magically I had a default judgment.

In my answer I explicitedly said plaintiff never attempted to contact me before bringing default judgment nor did they provide proof in my court case that they properly served me or even contacted me via certified mail.

Any more suggestions, comments welcome.

Thanks

Link to comment
Share on other sites

DV is useless once court proceedings have started, but can be had as part of discovery. If you get it thrown out then you can DV them before they refile and they would have to answer before filing again without violating the FDCPA. Usually you would have to attack everything after the judgement was vacated just as if they had just filed.

Link to comment
Share on other sites

DV is useless once court proceedings have started, but can be had as part of discovery. If you get it thrown out then you can DV them before they refile and they would have to answer before filing again without violating the FDCPA. Usually you would have to attack everything after the judgement was vacated just as if they had just filed.

Que-Hi, The purpose for me using the DV was as extra proof to say that they couldn't prove that they are even allowed to collect on this debt. I also mentioned that these guys didn't even contact me before pursing to get a judgment rendered against me. So the DV is useless even after the default judgment was vacated? I don't see how seeing that now before they have to refile, etc they still would have to now prove that they are allowed to collect on this debt.

Link to comment
Share on other sites

So the DV is useless even after the default judgment was vacated? I don't see how seeing that now before they have to refile, etc they still would have to now prove that they are allowed to collect on this debt.

No, once the legal ball is rolling in court, it's useless. And was the judgment vacated or not? Your answer is confusing.

Link to comment
Share on other sites

If the Judge vacated AND dismissed the suit you can DV, but if he simply vacted the judgement the case is simply put back to where it was before the judgement and discovery would be the way to get the documentation.

Link to comment
Share on other sites

So the DV is useless even after the default judgment was vacated? I don't see how seeing that now before they have to refile, etc they still would have to now prove that they are allowed to collect on this debt.

No, once the legal ball is rolling in court, it's useless. And was the judgment vacated or not? Your answer is confusing.

Que-The default judgment was vacated but I still had to file an answer in court. My court date tommorrow deals with the answer I filed against them. The case is still active, and I'm trying to get it dismissed due to bad service, etc., however the ORIGINAL JUDGMENT HAS BEEN VACATED BUT IF I DIDN'T FILE THE ANSWER THIS JUDGMENT COULD BE REINSTATED BECAUSE LEGALLY I DIDN'T FILE ANSWER WHEN THEY BROUGHT THE COMPLAINT.

Of course I didn't know to file an answer since I was never given the complaint or the summons originally.

Link to comment
Share on other sites

If the Judge vacated AND dismissed the suit you can DV, but if he simply vacted the judgement the case is simply put back to where it was before the judgement and discovery would be the way to get the documentation.

Que-okay. Makes sense.

Link to comment
Share on other sites

It is likely the Judge will toss it out, but it is possible he will continue with the case as is. If he does, request a continuance to request discovery (citing FDCPA validation requirement) and file counter claims. Even if the attorney shows up with documentation request a continuance to examine and research the documents as you never saw them before.

When you say counter claims expect the opposing attorney to do a :shock:

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.