Seeking all the help i can get. Got sued by Worldwide Asset

[w/ocredit]

I've been reading this forum for quite a while now and have used many of your suggestions. I've been able to delete 4 negs off each report. Still have quite a few which I was prioritizing from easiest to hardest. I have a judgement that up until recently i realized I only had 180 days from the point a person finds out that they have a judgement to Vacate it. So i have until next month.

Well, back in 2003 I was sued by Worldwide Asset Purchasing. They allegedly served me in Los Angeles at my parents on 4/24/03. I had already moved to Orange County on 3/28/03. Have copy of my lease and can get a print out of history for electricity bill . So I can provide proof that was never served. I know I need to file a Motion to Vacate , but i also know i need to have an answer for their complain. I went to the courts yesterday to get a copy of what was in my file. According to them paperwork was left with a co-resident “Estela Nunez”, at no time has anybody other than family ever resided in the household that was not family. And I have no family by that name. The only Nunez in the household is my ex-husband and kids (kids are now 7 & 9 years old). Ex-husband was thrown out (LOL) on August 8, 2000. So obviously with proof that I do have, I was not served.

So my file contained -

Exhibit A, a statement allegedly from Nextcard dated 10/20/01 (no letterhead) for over $3200,

My Credit limit was $2500

My Last payment was March 2001 (They are within SOL)

Another exhibit A – Bill of sale from Nextcard dated 8/6/01 (This one is majorly questionable)

NOTE: On the top of the bill of Sale in the same font and font size it says “EXHIBIT A” , nothing on letterhead or notorized.

ALSO NOTE the date of the statement is AFTER it was sold to Worldwide. (Can they do this?! )

If not I know they are in violation for misrepresenting the amount of the debt.

And another thing, which I'm still trying to get more information on. The Bill of sale is signed by a Steven L. Pinado-VP of Business Development. I've been searching thru the internate and in various instances the only person that shows up as VP of Business Development is a Richard G, but the last newsletter referencing him i can find is from early 2001, I need something showing he was VP in late 2001. (I found his email through the internet and waiting on a response from him.)

They literally got it for pennies on the dollar because Nextcard was in trouble and was shut down 2/7/02. (doing my homework).

Another thing, Rory W. Clark (their lawyer) has a self typed form for declaration of Venue. (Which I know he can still sue me in Los Angeles because the contract was created there but..) he declares on line item 3. “Venue for this action is proper in the above-entitled Court because at the commencement of this action, one or more of the named Defendants resided in this Judicial District” He finalizes with “I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. So he perjured himself because, "No, I did not live there or in the county at the commencement of the action. "

The only violation I think I have them on is the misrepresentation of the debt. And to fight it even more, I believe I can request a whole itemization of the all transactions regarding the account and a copy of the original agreement that I signed. (they reference the agreement between me and Nextcard a lot in their complaint). Isn’t the burden of proof on them. AND if I can prove the Bill of Sale is Bogus, ohh am i going to do everything in my power to sue them for everything i can get and think of. (anguish, defation of character, fraud), but until then, i have to work with what i got.

So what I'm asking for is if anyone has any advice, guidance or information that can help me, it would be appreciated. Any good lawyers you guys can refer me to in Los Angeles would also be helpful.

Thanks

[Drewsm0m]

I'm not a lawyer, but I work for a law firm, so I will help as much as I can. A motion to vacate is your best first step, file an answer at the same time. Before you file anything, find a law library that is open to the public. You can find you state statues which will list the affirmative defenses (reasons you dispute the suit other than a flat denial). Add all you can, but make sure they apply. When you file the Motion to Vacate, send copies of all the documents you think might support your case. Also, send the judge an order, use the judgment as a guide and just say something to the effect of Defendant's motion is granted and the judgment entered on whatever date is hereby vacated. Let me know if this helps.