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Just received notice of non-opposition to motion to vacate


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I received a default judgement at Los Angeles Superior Court because I was never properly served. They even garnished my wages for 2 paychecks. I have filed a motion to vacate and have an upcoming court date, and since serving the law firm who did this, the garnishment was retracted.

Today I received a notice of non-opposition to defendant's motion to vacate/vacate default judgement. It also said that they would be sending me the complete summons and an invitation to meet and discuss the debt. My question is: do I file this notice they sent me- add it on before I go to court, or do I just go and show the judge then? Also, is my next step after my hearing, to go through a DV and answer their summons? This account was charged off by Capital One but they are claiming that they are representing Capital One. If its charged off doesn't that mean its no longer owned by the supposed plaintiff they represent? Any input would be greatly appreciated, as well as how I should prepare for court.

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So they are not opposing your motion to vacate the judgment that good, check with the court and see if they filed it with the court if not see if the filing clerk can assist you with that answer is this civil or small claims?

Here review this site http://www.leginfo.ca.gov for calif laws and read some of the posts on judgment on this site.

Also, make sure your very prepared for your hearing whatever you do still go to your motion to vacate hearing. Do not trust those attorneys to help or assist you. If you go to court you may not have to pay their added fees

Have copies of your paycheck stubs made showing that your wages were attached just in case the judge rules their actions were not legal so you can

have them ordered to return the funds they took.

Also if you intend to attack the issue of service make sure you state that in your motion to vacate and your answer if you have to file an answer. In most cases if its small claims you just use form sc135 and state your position.

When in doubt contact the legal aid society, small claims advisor, a local state bar attorney, or naca.com

good luck

(disclaimer: Im in no way giving legal advice just my opinion)

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Your Welcome :) I'm glad to hear that they reimbursed you for your money which they took. Seems like after your court hearing you might be able to work something out with them but make sure its to your advantage. :mrgreen: There are alot of good post on negotiating settlements without getting a judgment on this site just use the search button and you should be able to pulls some up.

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"Charged off" does not mean CapOne no longer owns it. It is just an accounting term, which means they have reported this debt as a loss for tax purposes.

When your Motion to Vacate is granted, the next step is to file an Answer, wherein you will deny their claims and assert your Affirmative Defenses. California has easy fill-in-the-blank forms for this purpose. They are available online, and I've posted the links before. If you can't find them, I can post them again.

You do not DV once you've been sued; that's how you respond to a dunning letter. At some point after your Answer has been filed, they will serve you with Discovery requests, and you will likewise serve Discovery requests on them. That's how you get them to produce their documentation.

Good luck.

DH

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is it possible to do a MTV with prejudice? This is commonly tied to a MTD, but can it be used along with the MTV??? This would prevent the CA or Crap 1 from coming back on you with another suit.. I dont know, but I bet the professionals on this site will...:p

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I'm going to do research about getting it dismissed with prejudice for sure... Now I'm just a little confused.. I have this: if I get this judgement vacated why do I still have to answer their summons? From my research, I thought after the judgement is vacated, they have to start all over again. From the letter they sent, they are going to try to negotiate. Of course I don't trust these scumbags, they know they did this all fraudulently to purposely get a default judgement.

I cannot stress this enough for anyone reading... FIGHT BACK! Even if its already a default judgement, these attorneys do not expect that you will be educated or driven enough to fight. But they do things so blatantly faulty and illegal, and you just have to be clear in your dealings with them that you know and understand their illegal tactics.

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I am pretty sure that once this case is vacated, they will serve you with another summons with a new case number and everything. Just like starting over......but now you are prepared to squash them like the pile of sh!7 that they are...:evil::twisted::evil:

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I have this: if I get this judgement vacated why do I still have to answer their summons? From my research, I thought after the judgement is vacated, they have to start all over again.

I'm not sure what to say except, "just because." That's the way it is. I don't believe minxcomp1 is correct. A motion to vacate judgment is not the same as a motion to dismiss the case. And No, a motion to vacate is not granted "with prejudice." When a motion to vacate a judgment is granted, that's all it does - the judgment is cancelled. Yes, the case starts over, sort of, but not from them having to file again, get a new case number, and serve you. I'm pretty sure the order from the judge granting the vacation of judgment will also order you to file your Answer. You'll get a copy of the Summons and Complaint somehow - in your first post you said they were going to send you a copy. Maybe the court sends you another. The point is, by filing the motion to vacate, it is clear that you have become aware of the case. They're not going to make the plaintiff hire a process server to hunt you down.

Good luck.

DH

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