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We really could use some help with Massachusetts case!

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Basicly we need to know what to expect on court day. Detals of the case so far can be found by searching my user name.

(1) As last posted I have filed a Motion to vacate. This is based on mainly the fact that Lawyer for Portfoio Recovery (PR) intentionally sent all paperwork to a ten year old address even though our correct currant address is well documented in all 3 CRA's. Two of which Experian and Trans Union document that PR requested inquiries on 09/07/07 and 05/22/07 respectivily.

(2) Now I also have items (or lack there of) from what I have read on this site.

From all the paperwork I finally picked up at the court (mostly all sworn statements from the lawyer) there isn't much. No items of DV as listed here on this forum. No proof of dept, no origional copies of contracts or statements not even a referance to who the OC is other than 'a crerdit card account' and the account # and those statements from the lawyer saying things like "duly authorized officer of the plaintiff and is personally familiar with the books and records of the plaintiff as they pertain to the account of the defendant" then the amount due the plaintiff. Then there is this certification of uniform counsel that he signed but didn't even bother to put the docket # on it. I'm not going to bore you as I have listed these previously and been told that most or all of these are pretty much useless.

Now I guess my questions are.

(A) Do I just settle for the Motion to vacate and get a new date to continue the battle? If so is paragraph one enough to say without boring the Judge, or should I let-um-have-it using paragraph 2 as well(more detailed of course)

(B) Do I also ask the Judge to dismiss the case based on all of the above and more actually.

The hearing is on the 28th so I'm trying to get my thoughts in order and I don't want to waist a lot of time with case law on the actual reasons for dismissing, if I'm just going to have to return at a later date for that. I'd rather perfect reasons for vacating if these aren't enough.

© Assuming dissmissle is not possible at the time. How do I bring up change in venue as I now, and have for 10 years, resided in a different state. Do I ask him/her assign court closer to me while still in Mass., that still makes for a 300 mile round trip, at least it's better than the 600 it is now. How do I get case heard in Vermont. Does the Mass Judge order that or do they just dissmiss the case in Mass, then if the CA wants to persue it in VT then they can? Am I following the right track here?

(D) Last thing I can think of right now is a notification of a counter suet and when it should be given. In court or wait until after Motion to Vacate/Dismiss is rendered. Reason for counter suet is damages and violations of if nothing else Federal Consumer laws, hopefully some state laws as well. After reading many account here in my oppinion there are several violations of FDCPA(?) cant remember all the accronimes FCRA, etc.

Please any guidence would be helpful, we can not even begin to hire a lawyer. Most simple sy it not cost effective.

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Based on the information you have given, you could go one step further and "petition to vacate a void judgement" under (whatever the law reference is in your state).

If you get it vacated as a "void judgment" it is dead as a debt. No re-trials or farting around afterwards.

Its a void judgment if several things didn't occur during the original judgment, most notably if they did not produce a fact-based witness or just relied on testimony of counsel. Or there was a lack of jurisdiction, standing, or failure to prove up the debt.

Good Luck!

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You will need to do some more reading, make sure you understand the rules of civil procedure for the court inside and out.

(A) Once the judgment is vacated, that's it.

(B) See above

© Once it's vacated this is no longer an issue

(D) Counter claims should be included in the answer you file with the court. For example:

- Answer

- Defenses

- Counterclaim <-- goes here

Here is a link that shows a sample filing for the state of washington:


Remember, I'm no lawyer and that's just a sample, so read up on how it should be done in the court in question.

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