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Gave this JDB a beat down- again!


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Thanks to the info on this forum I beat these scumbags in court for a second and hopefully last time. Here's a little backround for you.

In 2004 these guys got two default judgments against me, only because they sent the summons to an address I hadn't lived at in over three years- even though they knew I wasn't living there at the time! They froze my bank account for one of these and I was force to pay them around $3k. This was before I know what I know now. Then a year later, yearlier this year, they tried to enforce the second judgment, which was for over $2k. I asked a lawyer I know if there was any way of getting out of it and he said blah, blah, blah just pay it. "No friggen way am I coughing up any more money" is what I said to myself.

I turned to the invaluable Internet, I did some reasearch and came away with a ton of information. First I filed a motion to vacate the judgment, which they fought, and I won. They came back six months later with another summons, after they sent a collection letter and I DV's, but before they responded to my DV. I filed a motion to dismiss their claim, for a slew of violations and for a plain lack of evidence that I actually owe this money. They again tried to block my motion, but when the Court asked for additional evidence to support their claim they had none and therefore I WON! Summary judgment in my favor, nice- REAL NICE ;)

Now I have a couple of questions.

1. This JDB is currently giving me a negative tradeline, is this court decision enough to send to the CRA to have the negative tradeline removed?

2. Since the court ruled that the Plaintiff could not prove that I had any relationship to this debt could the JDB issue a 1099c agianst me? I would think not because it has been ruled in a court of law that it is not mine.

3. If they do issue a 1099c how would I go about fighting it?

Again I want to thank this website and all of the contributers who helped me beat these scavengers off. If I only knew then what I know now I'd be alot richer. To all those reading, don't take all of the advice here and just copy and paste it to to your case. Not all of the info here is relevant to your situation or the state you reside in. Use this place as a stepping stone, you still need to research and verify all the information that you gather.

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"...Use this place as a stepping stone, you still need to research and verify all the information that you gather..."

Excellent advice!


Q#1: Who knows? The legitmacy of the debt (SOL=state law) is a separate issue from credit reporting, although it shouldn't be, (FCRA=federal law) but IMHO it's worth a try. Personally, I'd advise that you pursue removal by ALSO disputing based on errors in the TL.

Q#2: Did the court really rule that the debt wasn't yours? Or, rather, was the ruling that the plaintiff didn't provide documentation to prove their case? Those are two different things. Sorry to be anal, but when you are dealing with the law, it's all about the details. I'll leave my response there since I have no accounting/tax knowledge and let others chime in...I wish you luck!

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The $3k was for the first judgment. I tried to get that one vacated, but the judge ruled that once a judgment is satisfied it can't be vacated. It's just like you plead guilty. Anyway I paid that one over a year and half ago, too late to do anything about it know.

As for the violations, I believe they helped me win my case, but they are kind of iffy violations. If I were to invest my time in filing suit I'd want more substantiative violations

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