Jump to content

My case with Crap1 found this in a stack of papers


NeverServed
 Share

Recommended Posts

So what do you guys think about this?

It was in a stack of papers I had never recieved. From the judgement they got against me in MI. This Employee signed under oath about my case. To bring a Uniform Judgement here against me. Which I never knew about that judgement to begin with. Nor was I ever served didnt even live in the state when judgement was entered. . I filed for a motion to dismiss. Will have to wait and see what happens. Its my understanding Here you dont get to see a judge. I called MI and they sent me a packet of papers this was in it.

STATE OF GEORGIA

COTINTY OF GWINNETT

Personally appeared before me MAISHA DAVIS, who being duly sworn, made oath that he/she is an authorized

agenr of CAPITAL ONE BANK, and that he/she is authorized to make this affidavit: and to the best of his/her

knowledge and belief, laccount number*lis/are justly indebted to

CAPITAL ONE BANK, in the sum of $1259.49 Dollars as of 02/ll/2008 with 28.10% interest from said date, and

reasonable.attorney fees and that the annexed account which is made part hereof, is a true and correct statement of

said indebtedness. Upon infomtation and belief, none of the above named defendant(s) is/are active duty in the

military service of the United States or any of its allies as defined in the Soldiers and Sailor's Relief Act of 1940

with amendments. The note or other vnitten evidence of indebtedness in this matter has been destroyed, lost or is

inaccessible.

Given under my hand this 19th day of February, 2008.

Affiant

Taken, subscribed and swom to before me, Aryonne Maheon

Notary Public in and for the City/County and State aforesaid, in my City/County

aforesaid this this 19th day of February, 2008.

NotaryPublic

My commission expires OC'i. 29, 201 1

SHERMETA, ADAMS AND VON ALLMEN

I dont know how to upload the original paper. But I copied and pasted.

Edited by NeverServed
Link to comment
Share on other sites

Yes I had lived in michigan. But did not live there for 2 years prior of them getting the judgement.

What does annexed account mean?

Basically what this person is saying here. IS that they know I allegedly owe this amount. But cant prove it because there is no paper work. Only the judgement in Mi.

HOW the heck can they verify that.

I didnt get my day in court. I didnt have a chance to challenge the amount the alleged debt nothing.

So how is any of this even legal?

Where is the proof that I owe this besides them swearing I do under oath. But nothing but that judgement? to say yep Did they even have any proper paperwork to prove I owe this alleged amount? when they got the original judgement.

My motion is to dismiss with prejudice Since I was not served in correct venue. Nor was I ever served here even. for them bringing it here

Link to comment
Share on other sites

What was the date of the judgment in MI?

JULY 2008. I hadnt lived in MI for 2 years prior. Also I contacted the MI court about it. Told them I was never served. They said it was taped to the door. I asked how do I get a day in court. She told me GA has jurisdiction.

Link to comment
Share on other sites

To my understanding as well. Here I wont get to talk to the judge. I had a boat load of information to prove I was a resident of GA. But could not submit it because they put it into the record. I dont want people to have information about my health issues. If that makes sense. The judge basically looks over the info and approves or denies.

There is a discover rule. That you have 1 year I beleive in MI I Know definately in ga. I just found this out at the end of feb.

Link to comment
Share on other sites

The affidavit is dated 2008 and is from GA. That means they know you were living in GA at the time they filed suit in MI.

I added something to my previous post, but was too late. Did you default on the account while you lived in MI?

Link to comment
Share on other sites

Yes and no Technically I was in transition to another state. When I defaulted. But they came after 2 years later for the defaulted account.

This paper was notarized and sworn to this past year. It was sent to Mi from here to bring the uniform judgement here. To enforce it was not included in any of the paperwork which was in GA. The court sent me a packet of documents from mi. Even hanna didnt have a copy of the proof of service. Because their employee said I signed for it. I told her well that is impossible. But since you say so I want copy of the proof of service where I signed

Link to comment
Share on other sites

The affidavit is dated by the notary as Feb. 19, 2008.

You need some advice from an attorney. Contact the Lawyer Referral Service at the GA Bar Association. Tell them you need help with a debt judgment from another state. They'll give you the name of an attorney in your area. He/She will give you a consultation either for free OR at a reduced cost. Explain your situation to him/her.

Tell the attorney that you can prove you didn't live in MI at the time the case was filed. Then tell him about the affidavit. The fact that the affidavit is dated Feb. 2008 and is from GA and signed by a GA notary proves that they knew you were living in GA at the time. Therefore, why would tape a summons to an address in MI, when they obviously knew you were living in GA?

Link to comment
Share on other sites

BV how do I post the actual document? OMG I CANT BELIEVE I DIDNT SEE THAT! It was notarized in my county even. I am so upset right now I cant even begin. I need to contact mustanggirl. I need to get me a different attorney. I dont know what all I can get them for but Im mad as all hell right now even in 2008 they didnt have the files. HOW the hell did they get a judgement!

Link to comment
Share on other sites

BV how do I post the actual document? OMG I CANT BELIEVE I DIDNT SEE THAT! It was notarized in my county even. I am so upset right now I cant even begin. I need to contact mustanggirl. I need to get me a different attorney. I dont know what all I can get them for but Im mad as all hell right now even in 2008 they didnt have the files. HOW the hell did they get a judgement!

I've never posted a document, and I'm not very computer literate.

They got a judgment because it was a default judgment. You didn't answer the complaint, and the judge didn't look at the details.

I know that a suit can sometimes be filed in the state where the default occurred. BUT, I don't know if that's based on each state's individual laws or not...if all states allow that. That's why you need to ask those questions to an attorney.

Link to comment
Share on other sites

I've never posted a document, and I'm not very computer literate.

They got a judgment because it was a default judgment. You didn't answer the complaint, and the judge didn't look at the details.

I know that a suit can sometimes be filed in the state where the default occurred. BUT, I don't know if that's based on each state's individual laws or not...if all states allow that. That's why you need to ask those questions to an attorney.

Thanks BV I appreciate all of your help. You and a few others here have been so helpful! I would never have noticed that. THANKYOU THANKYOU THANKYOU!

Link to comment
Share on other sites

The actual motion to file forgein judgement has capitol one. As plantiff and that address 6356 corley place. That above I posted and you pointed out the date. The lady isn't an agent of cap 1 she works for a ca called ttys I believe. They get most of cap 1 cases then turn them over to nan network of lawyers. She made an affadavit and she has been named in many suits for the same affadavit I have there. Just google her name maisha davis and the address. I'm going to contact a lawyer mustang girl referred me to. I think I have quite a bit here to go thru.

Link to comment
Share on other sites

The actual motion to file forgein judgement has capitol one. As plantiff and that address 6356 corley place. That above I posted and you pointed out the date. The lady isn't an agent of cap 1 she works for a ca called ttys I believe. They get most of cap 1 cases then turn them over to nan network of lawyers. She made an affadavit and she has been named in many suits for the same affadavit I have there. Just google her name maisha davis and the address. I'm going to contact a lawyer mustang girl referred me to. I think I have quite a bit here to go thru.

Sometimes a CA can sue for the OC, but only if the law allows. The attorney would know the details.

Link to comment
Share on other sites

http://c.plainsite.org/ilnd/215805/24.pdf

read 17,18,19 you will see your affiant is an employee of nan owned by nco.

Maisha davis are not employed by Capital one,Maritza Roberts and Maisha Davis and other employees of NAN regularly executed affidavits as "agents" of Capital One Bank

The National Attorney Network (NANĀ®) enables clients to manage large volumes of legal accounts with fewer employees and at a minimal cost. Accounts are routed to top attorney firms in all 50 states and Puerto Rico for immediate suit. Through the innovative use of technology, performance is tracked, and accounts are forwarded and recalled systemically.

NAN provides superior collection support services to banking, finance and retail firms as well as auto lenders, debt buyers and telecommunication companies. Utilizing teams of experienced professionals, NAN works directly with the client to implement successful recovery strategies. NAN's culture of partnering with both firms and clients has resulted in a unique strategic advantage for its clients. NAN leverages economies of scale for attorneys, making them eager to follow the NAN performance standards required of all network attorneys.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.