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Now it's a default judgment?


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So I've been waiting on The Bureaus/HSBC to serve me as they claim they did on 2/1...today the following was posted on the court website:

REQUEST FOR ENTRY OF DEFAULT FILED BY BUREAUS INVESTMENT GROUP PORTFOLIO NO 13, LLC, AS ASSIGNEE OF FIRST FINANCIAL INVESTMENT FUND II, LLC, AS ASSIGNEE HSBC CARD SERVICES (III) INC., ON 03/07/2011

gee they filed the case on 8/4/10, claim they substitute served on 2/1/11 and now they enter for default when I have nothing from them?

what can I do here? I am really ticked off here...

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Guest usctrojanalum

how does the process server say that he has served you? that would be found on the affidavit of the process server attesting that he did served you.

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So I've been waiting on The Bureaus/HSBC to serve me as they claim they did on 2/1...today the following was posted on the court website:

REQUEST FOR ENTRY OF DEFAULT FILED BY BUREAUS INVESTMENT GROUP PORTFOLIO NO 13, LLC, AS ASSIGNEE OF FIRST FINANCIAL INVESTMENT FUND II, LLC, AS ASSIGNEE HSBC CARD SERVICES (III) INC., ON 03/07/2011

gee they filed the case on 8/4/10, claim they substitute served on 2/1/11 and now they enter for default when I have nothing from them?

what can I do here? I am really ticked off here...

I would challenge this as follows:

Show proof that you have been properly served, by what method and the name of the individual who served you.

Show proof of service, including the SWORN AFFIDAVIT signed by the server describing the person upon whom served, as well as date and time of service, bearing the signature of the court clerk.

Show proof that the plaintiff has a properly executed document of assignment which was signed by all parties in the above named chain of title and which showed "valid consideration paid" for the assignment.

If they cannot show the above proof, they are blowing smoke !

Absent the above proof, YOU SHOULD BE ABLE TO NAIL THE ATTORNEY AND THE PROCESS SERVER FOR "COMMITTING FRAUD UPON THE COURT", and if a judgment has been entered against you, the Court clerk could be sanctioned as well. Present your facts to the judge and request a DISMISSAL WITH PREJUDICE in the event a judgment has been executed.

Edited by Prosay
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Guest usctrojanalum

Absent the above proof, YOU SHOULD BE ABLE TO NAIL THE ATTORNEY AND THE PROCESS SERVER FOR "COMMITTING FRAUD UPON THE COURT", and if a judgment has been entered against you, the Court clerk could be sanctioned as well.

You really need to calm down and think critically before you post misinformation from now on, I am putting you on notice.

How can you say that the Court Clerk could be sanctioned? (this is a blatant lie, they never could or will be sanctioned ever for doing their job) Especially if you want to nail the attorney and process server for "fraud upon the Court," which again there is no evidence of.

So because the Court in your words, was "defrauded" the Court Clerk who was "defrauded" should also face sanctions as a result of the "fraud" that was committed?

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Oh no homerjay, I was worried about the stance you were taking. I was hoping you would just anwser the idiots. From what I gathered and remembered from your previous thread, you knew about this suit but was thinking you weren't served correctly. Dude you should have just responded whether you were served or not, the JDB suing you is the same one suing me and they are total clowns, they haven't provided any proof of their claims in my case.

It would be a total shame if they get a default on you, they probably have/had no proof to substantiate their claim.

If you knew about the case, you really should have just filed an anwser. I really hope you have a way to get the default vacated due to improper service, The Bureaus are total clowns and you probably would have beat them.

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Whether they served you or not, you're aware of the suit. That's the purpose of serving anyway. Since the entry just said they've filed a request for default, all you need to do is file a response and that will prevent their default.

If you don't have their original motion, then I would file a Notice of Appearance with the court to prevent their default. I would also note there that you were never served and do not have a copy of the original motion. I would request a copy of the motion from the court clerk (might cost you a few dollars) and then file a response with a general denial.

The key here is to act quickly, I think.

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You really need to calm down and think critically before you post misinformation from now on, I am putting you on notice.

How can you say that the Court Clerk could be sanctioned? (this is a blatant lie, they never could or will be sanctioned ever for doing their job) Especially if you want to nail the attorney and process server for "fraud upon the Court," which again there is no evidence of.

So because the Court in your words, was "defrauded" the Court Clerk who was "defrauded" should also face sanctions as a result of the "fraud" that was committed?

Yes, Prosay, you've posted lots of misinformation before. Please be careful what you say, people might take it for legit law or procedures. You are definitely on notice.

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nrgins- thank you...that is exactly what I will pursue.

My train of thought is that I am not a hard person to find at all and yet these guys file suit, sit on it for 6 months (which seems wrong to me but I can't find anything to the contrary) then file "proof" of sub service while I have nothing to even defend myself with...now they file for default ?!

The only reason I even know of the case was because I was checking on a different matter...if I don't check then I have zero idea to even defend myself at all.

If I step forward then these guys get away with improper service...at least this way, the court will see what is going on.

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I don't know what "substitute service" means, so I don't know what they are saying they did. Still, consider that they are saying that you were served on 2/1. From that point (had you been served), you would have had 30 days to file your appearance and response. Since those 30 days have passed, they're filing for a default judgment.

Thus, it's imperative that you immediately notify the court that you were never served, but that you are making an appearance here. Otherwise, they might get a default judgment right away.

In fact, you might even want to call the court clerk and tell them the situation, and see that they say.

In your notice of appearance, make sure you make it clear you were never served, and only found out about the lawsuit by chance, by looking at something else, and that, therefore, you were not given 30 days. Include a general denial with your notice of appearance.

Thus, you're making it clear to the court that you were never served, so they're not really getting away with it.

But from the court's perspective, not knowing anything else, the 30 day window has already passed, so you better move fast. :-)

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