diamonddan73 Posted November 8, 2010 Report Share Posted November 8, 2010 I hired Lexington Law to help me clean up my credit about three weeks ago. I'm guessing they sent a some sort of DV letter to California Financial Services. They sent me a Momorandom of Judgment for over 13K along with a letter to see if I want to arrange payments. I had no idea I had a judgment. It was entered on 6/04/2010. So I'm going to the court house today to get the proof of service so I can bring a motion to set aside the judement. The original debt is with Cashcall for 10K. On my CR it shows it was sold or transfered. I really have no idea how to approach this and what my next steps are. Can anyone help me out? Link to comment Share on other sites More sharing options...
diamonddan73 Posted November 9, 2010 Author Report Share Posted November 9, 2010 So, i got the copies of the judgment and the proof of service. Of course they said they personally served me and I did not live there at the time. So I am bringing a motion to vacate/quash based on lack of service. In the complaint, they did say that Cashcall could not find the original paperwork. But they did have a Modification I signed on 12/26/2006 which I agreed to pay on 02/15/2007. They let me skip two payments. It has my signature. Do you think I can get that piece of evidence dismissed based on the fact that I signed it under duress? They told me that if I don't sign, they are going to send me to jail. Please help?!?!?!? Link to comment Share on other sites More sharing options...
willingtocope Posted November 9, 2010 Report Share Posted November 9, 2010 See if there is a www.naca.net lawyer in your area who you can talk with. The jail threat is a big FDCPA violation.... Link to comment Share on other sites More sharing options...
diamonddan73 Posted November 9, 2010 Author Report Share Posted November 9, 2010 I would love to nail CC on a FDCPA violation, however I want to focus on my Judgement first. My biggest question is about the JDB's acknowlegment of no original signed contract. Does the Modification I signed on 12/26/2006 put the nail in my coffin? My SOL looks like its up this month but because of the lawsuit, is it going to be held over? Link to comment Share on other sites More sharing options...
diamonddan73 Posted November 10, 2010 Author Report Share Posted November 10, 2010 So I re-read the complaint and relized that the originals for everthing are no longer available. The plaintif asked the court of they could use copies as originals and the court granted their request. Do you think I have a chance based on no origials available? Link to comment Share on other sites More sharing options...
momof5 Posted November 10, 2010 Report Share Posted November 10, 2010 Start with getting the judgment set aside.Whatever was permitted before was without your consent or your ability to argue against it. If the judgment is set aside and not set for a new hearing, you are in the clear. If they set a new hearing, I would get a lawyer for this one. I am sure they would not be allowed copies. Link to comment Share on other sites More sharing options...
diamonddan73 Posted November 12, 2010 Author Report Share Posted November 12, 2010 Thanks for your help. I am going to quash the judgement based on lack of service. I am so close to my SOL which is next month I think. They have not shown a single payment or my last payment just an copy of an agreement to modify the loan and have payments start in Feb 07.they are basing the ammount due based on that agreement which was 9700. I want to know if I can get the whole thing thrown out due to the fact that I do not live in the county the law suit was filed. The CA pulled my CR in March and filed suit around April. They "served" me personally at my parents house in Orange county and I live in San Bernardion county. The CA would have seen my address on my CR when they pulled it. Any help is greatly appreciated. Link to comment Share on other sites More sharing options...
mylumnad Posted November 13, 2010 Report Share Posted November 13, 2010 Do a google search for Kenneth Gilbert. Scour his website. Full of incredibly helpful info. Link to comment Share on other sites More sharing options...
diamonddan73 Posted November 13, 2010 Author Report Share Posted November 13, 2010 I did a google and could not find anything. Can you post a link? Link to comment Share on other sites More sharing options...
momof5 Posted November 15, 2010 Report Share Posted November 15, 2010 That is because the guy's last name is GIBERT not GILBERT. Link to comment Share on other sites More sharing options...
momof5 Posted November 15, 2010 Report Share Posted November 15, 2010 I would not seek info about this guy's site. (The poster above also posted a link to the guy's website.)In a buyer beware situation....http://www.courts.mo.gov/page.jsp?id=32846He was disbarred. Is this someone you wish to rely on? I searched for more info on this guy because his website stated "Former Attorney".Former...huh? Link to comment Share on other sites More sharing options...
smart123 Posted November 30, 2010 Report Share Posted November 30, 2010 Really great discussion !! Link to comment Share on other sites More sharing options...
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