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Ok, I have done a lot of reading/research etc but I am new to this forum. I am currently dealing with several issues such as a default judgment that was gained against me in 2009 but I only found out about in 2011 when I saw it on my credit report. I was never served, never told about it, etc. Problem is it's in another state and I cannot afford a lawyer there or to take off work and travel there to even try and fight it. Now they have violated FCRA and Texas laws several times, but in an atempt to cover their 6 (this is the OC, not a CA) they deleted any listings from the CRA's after they were unable to correct them. The whole account and amounts dates etc and if anything is owed is in dispute. Trouble is, no matter what happens they have a judgment in another state on me. After threats of lawsuits over their violations they deleted the info with two of the CRA's but just recently I noticed they reported to TransUnion the account was charged off and PAID in March 2009. This would be the same month they filed for the judgment (and also when the account was in good standing and a payment had never even been late) The judgment was awarded in May 2009. With no service. What are my options? I was thinking of filing a motion for injunction against the company to bar them from any further collection attempts or acting upon the judgment (the state they filed it in has garnishment and they have attempted several times to garnish my wages without domesticating the judgment in TX and enforcing it here). Even IF I can bar them from acting upon it, I have nothing to stop them from adding it back to my credit reports at any given time though. Other than hiring a lawyer in VA is there anything I can do?

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Oh, another thing I forgot to point out. When I spoke with the court in VA and the OC both said I had been served by mailing a notice to my old address. Now it seems it is legal in VA to mail notice to the last known address IF they do not know where the person is. This was supposedly mailed in March and like I stated above the judgment was awarded in May. Now the major problem here is that the notice was supposedly sent to my former home in NC (I was stationed there, Marine Corps) AFTER I was discharged from the Corps and moved back to TX. I had contacted the OC several times by phone prior to me moving stating I was going back to TX and I needed the forms and instructions to file for the debt cancellation as per the contract since I was being forced out for medical reasons. I was given the run around time and time again, and honestly just forgot about it afetr a while since I was dealing with moving and looking for a new job. They never provided me with HOW or what I was supposed to provide them to act upon the debt cancellation. Since I notifed them I was getting out and moving to Texas isn't it odd that they filed against me about 15 days after receiving payment? And it had never been late? It's almost like they knew I had gotten out of the Corps and was no longer getting paid and able to make the payments. Strikes me as a bit odd, don't ya think. Yet they claim they had no idea I got out and where I went. Even though they had my Home of Record address which I returned to as I told them I was.

Edited by rambler
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Check with the Gunny, BTO429, he is a Marine and a law student. He may know more about this than the rest of us. The only thing that I can think of right away would be the timeline. Were you on active duty when they sued you? Did they file an affidavit of non military service at any time?

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I have no idea what was ever filed with the court. I have asked for them to send me all documents relating to the case numerous times and they refuse. When the case was actually filed I had been a civlian for about 35 days. I was discharged in Feb, case filed in March, heard and default judgment in May of 2009. I didn't find out about any of this until May or June of 2011 even though the company had continued calling me trying to collect. They were trying to get me to pay as the were trying to garnish wages through the court.

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Besides the violations of TFC 392 and the FCRA, does anyone know if it is possbile to file an injunction in TX to stop them from ever being able to act upon the judgment or to re-file? I know I can sue them for the infractions, but that does not wipe out the alleged debt. Under TX statutes or the FCRA can one use that to bar future action? I am just thinking that even if I sue them for the infractions and somehow afford a lawyer in VA to vacate the default they won by no service...what's to stop them from filing a second time and possibly winning and then going after my paycheck? I know TX law prohibits garnishment, but there is a loophole that allows judgments from other states to garnish wages if the employer uses and out of state bank. The company I work for goes through a bank in PA which offers many protections for their residents, but non for non residents. I can barely afford my bills now as it is, I can't afford these thieves in VA to take 25% or so. I have tried to get them to domesticate the judgment so I could at least get my day in court and see if I could fight it, but nothing yet. Only two seperate dates where they tried to garnish my wages but got nothing.

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Rambler...thank-you for your service.

Please don't take this the wrong way but your posts are very hard to read.

You need to break up the information into paragraphs..or at least put breaks in all the information.

Big blocks of info are really hard to read and I know a few really helpful posters that probably will not take the time to read your posts because they are so hard on the eye.

Sorry I can't be of any help to your situation.

Try breaking up your posts a little bit and hopefully you will get a better response. Good luck to you.

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Semper Fi Marine.

You need to call the court where the suit was filed and tell the court court you are entitled to a free copy of the court records as per the Soldiers and Sailors act.

You need to see if they filed an affidavit of non military status if they did not they have violated federal law.

have you filed or do you receive VA benefits?

Get a copy of the court records, not the docket sheet there is not enough info on it. You need a copy of the case its self. When you get it let us know what the case says And I can help from there.

Contact me here personally if you need to by e mail. I will always help a fellow Marine and any other Veteran.

Semper Fi brother

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Oarman1954, Sorry..I tend to ramble on at time....hence the name. Will work on it

BTO429,

Curious, since I was discharged at the time of filing and the hearing does the

free copy per the S&SA apply? I called the court and they gave me the line

about so much per page and to send money but they couldn't tell me how

many pages until they pulled the case. Sounded like they wanted a blank check.

Does VA benefits somehow matter in such a case? I filed for them as soon as I got back to TX and receive a little. I currently have another case pending for additional benefits.

Thanks

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My first thought is what I told the Gunny in his case. This is very borderline, 35 days after you were discharged. It's like they were watching you. I suggest contacting the Corps JAG office and all of your elected representatives. Also try Rick Perry. Hope you live in Ron Paul's district!

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This is very borderline, 35 days after you were discharged. It's like they were watching you.

Of course they were, I had contacted them beforehand letting them know I was being forced out for medical reasons and was claiming the bedt cancellation clause of my contract. They gave me the run around for several months on how/what/where to file. During this time they were filing their case.

Maybe it is because of the lack of help/support I ever got from JAG while I was active duty, but I don't see them doing much of anything since I was 1. discharged; and 2. they cannot represent anyone in court, only offer advice.

I wish I was in Paul's district, but alas I am in 1st termer Bill Flores' district.

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Another question on this one.

Is there a way to get around a contract that has a Choice of Law, Choice of Jurisdiction, and Choice of Venue clause that might actually stand in court?

I was thinking Forum non conveniens on the basis of undue hardship. Possibly public policy? The state where it was filed has a very plaintiff friendly idea of service whereas Tx is a bit more even. VA also has wage garnishment which is against the Texas Constitution. Also, TX Homestead exemption cannot be waived (if I understand it correctly) where in VA it was. Turns out it was in the contract...but one of those little intial here things that like I dumbass I didn't fully read before signing.

IF any of this works...would I file an injunction agianst them barring any action on the case and somehow forcing re-trial here?

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Rambler...You certainly don't owe me an apology...I was just trying to help you...I have heard people comment that they won't read a big block of type.

So I figured if you space it better, more people will read it and help you.

You already have some really good people on board to help you! Good luck!

And thanks again for your service. I wish it would have ended better for you.

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Besides all the other circimstances in this case...wouldn't the letter I received from TransUnion stating this account was previously charged off and paid in March 2009 be enough to get this judgment vacated and dismissed with prejudice? Even if at that point the account was never late?

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Besides all the other circimstances in this case...wouldn't the letter I received from TransUnion stating this account was previously charged off and paid in March 2009 be enough to get this judgment vacated and dismissed with prejudice?

No, credit reports are hearsay and even if they were not, you don't retry the case in a motion to vacate. The time to make those arguments was at trial. Of course you could not do that if you did not know you were supposed to be in court.

In other words, you can't argue the facts of the case. You argue you did not know about the case to be able to even make those arguments.

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Coltfan,

Thanks. So I looking at two trials here at a minimum, correct? Vacate and then defend when it comes back up. I guess I was confused because the clerk at the courthouse in VA said something about filing a motion to rehear...not vacate the default. Even then the more I think about it I would have to argue that one, win, then argue the actual case.

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No, credit reports are hearsay

So I cannot use the credit report in court if I get it reheard or vacated and they file again? I thought it would be allowed since they submitted and "verified" the data. I mean if one sues under FCRA violations, that report is pretty much all the evidence there is that some one is reporting incorrectly. Not saying you are wrong, just trying to wrap my head around how it's ok in one case, but not another.

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charged off and paid is an accounting term. It does not mean you do not owe the debt, it means that they wrote it off for accounting purposes. As for the judgment, they would have to "domesticate" it in Texas. It is referred to as a foreign judgment. That can cost them some serious money. If the terms of the judgment are not legal in Texas, I don't see how they could domesticate it. If you moved the day after they got it, yeah, the court would view that as suspicious, but this is what, 3 years and you never even knew about it. I think a free consultation with a consumer atty is in order. You can probably find some info on domesticating judgments on line.

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You said you could not get them to attempt to domesticate the judgement in Texas. There is a way for you to force their hand so that you have the home court advantage. It is the Uniform Declaratory Judgement Act and in Texas is Title 2 Chapter 37. In affect you would ask the court to determine that their judgement is unenforceable as they have not domesticated it in Texas, that it is void on its face as they pursued to a case in a foreign venue without service upon a Texas resident and anything else you can think about.

Injunctive relief is generally available from a DJA action, the relief could be that they are not permitted to pursue said judgement against you.

The idea would be to make it so expensive and painful for them that they would be willing to vacate their phony judgement on their own just to get you off their back.

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charged off and paid is an accounting term.

Correct me if I am wrong, but charged off is an accounting term. If it states paid then it has been paid AFTER it had been charged off. I have another one that states just that. It was charged off in 2009. Showed charged off/transferred/closed until it was paid in full 2011. Now it states Charge Off/Paid. Payment date 3/2011.

You said you could not get them to attempt to domesticate the judgement in Texas. There is a way for you to force their hand so that you have the home court advantage. It is the Uniform Declaratory Judgement Act and in Texas is Title 2 Chapter 37. In affect you would ask the court to determine that their judgement is unenforceable as they have not domesticated it in Texas, that it is void on its face as they pursued to a case in a foreign venue without service upon a Texas resident and anything else you can think about.

Injunctive relief is generally available from a DJA action, the relief could be that they are not permitted to pursue said judgement against you.

The idea would be to make it so expensive and painful for them that they would be willing to vacate their phony judgement on their own just to get you off their back.

Thank you very much KentWA. This is what I had been looking for but couldn't find a way to force it.

And as far as garnishment on an out of state judgment...there is a way to do so which currently still (sort of) legal in Texas without domesticating the judgment. If your employer is based in and banks in another state they can take the judgment straight to the employer and tell them to honor the judgment. Unless that particular state has laws protecting against such a thing, they have to do so. PA offers no garnishment protection to non-residents and if the folks with the judgment were smart enoug, they could have forced garnishment several years ago. Instead they keep serving a plant in VA that is owned by the same parent company but no affliation with my company other than the mutual owner and trying to have them garnish my wages. Their HR simply answers with never heard of the guy...or so I had heard 8-)

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In affect you would ask the court to determine that their judgement is unenforceable as they have not domesticated it in Texas, that it is void on its face as they pursued to a case in a foreign venue without service upon a Texas resident and anything else you can think about.

Injunctive relief is generally available from a DJA action, the relief could be that they are not permitted to pursue said judgement against you.

The idea would be to make it so expensive and painful for them that they would be willing to vacate their phony judgement on their own just to get you off their back.

KentWA, I like the sound of what you said, but when I read the UDJA it seemed like it was heavy in favor of those with a judgment, or the creditor in this case in general. I admit I am very new to legalese, but I'm not seeing it. Will have a friend go over it with me in the morning, but I can't help being apprehensive over this one. Just seems weighted to the creditor for some reason to me.

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