IndiraMehta

WINNING! Vacated and dismissed due to extrinsic fraud! - CA

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W00t W00t!

I had a judgment vacated due to extrinsic fraud yesterday!

For reference, I'm in California. This case was against FIA Card Services. I represented myself-- in legal-speak "pro se".

I was super nervous about the whole thing, so before I went to court, I sat and observed about 10 cases or so over the course of 2 weeks to see how the court works. A LOT of the credit card companies seem to be hiring very 'green' attorneys, fresh-out-of-law-school types. A lot of them seem to be very very young, and very thrilled to be "practicing law" and performing in front of a judge, until someone represents themselves in court ( I saw 2 people do this) and they crumble under requests for discovery or , well, if the defendant asks them ANYTHING whatsoever.

Also concerning to me was the sheer volume of people who just. dont. show. up. Seriously. It's like listening to a roll call. The one person I saw who showed up and didn't bring ANYTHING with him to court got a date set, 2 months from now, for him to defend himself as well as the petition to affirm the arbitration judgement denied, pending the new hearing.

If you can show up, at the very absolute very least, it completely helps -- even if it means buying you time to get your stuff in order.

I'm happy to answer questions if you have any.

By the way, If you are in a similar situation, I would HIGHLY recommend opting-out of the FIA Card Services f.k.a. MBNA class action suit IMMEDIATELY. If you miss the upcoming deadline, though they won't pursue collection activity against you, you may not necessarily be able to get the stain off your credit report in a timely manner.

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