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can you sue an oc?


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Ok so a lot of you probably know my judgement has been domesticated. It will cost me a lot to get it vacated etc. So what I want to know can I sue them? Yes I'm crazy. But they got that judgement aginst me with a falsified affadavit. The person who signed it was an employee of a ca. Not crap1 she swore under oath to my indebtness but no records exist. It says it right in the affadavit. That's how they got their judgement in the first place. I feel so upset about this raped by the legal system if you may. But I. Want to know I'm trying to settle with them. But I want to sue them this person couldn't. Know of any indebtness as she wasn't employee of cap 1 its he said so she swore to it. How can you lie under oath especially if there are no records. She was sued and ttys in illinois I don't know how the case came out though. Also the court papers gave an address which is a warehouse so they aren't even cap1 its a warehouse. Is there anything I can do?

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As you know, you can sue anybody. I'm on your side, but here are the issues I see. What will your cause of action be. I know, they lied and basically in your opinion got a fraudulent judgement.

However, what law are you going to sue them under. For example, when we sue for FDCPA violations, we say they violated this statute, list the statue, then their conduct, and then what we want from the court in terms of judgment/money.

I'm not saying you don't have a case, just what law are you going to sue under. Then, will the law you sue under have a private right of action.

Another big one will be they have a legal judgement. I did not say legally obtained judgement, but they hold in their hand a legally enforceable judgement. So it's going to be, in my opinion, like a criminal court appeal. You are going to be forced to overcome the presumption they did nothing wrong, since they have the judgement.

Finally, I would bet they argue (not sure they would be wrong) that your recourse is a motion to vacate the judgement, which once again, you tired and the judgement was not vacated. I know you went about it wrong and argued to the wrong court, but there will be another huge point they will make. Your Honor, the Plaintiff tried to have the judgement vacated and was obviously unsuccessful.

So they have a judgement from another state.

The judgement is now filed in the state you're in now.

You tried to vacate and did not win.

Those are some very long odds to overcome.

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If you were going to do this, you would want to find a tort or state law that reads as a tort to pursue the matter that fits. Then you'd need to gather enough prima facie evidence to file, then you'd need to engage in some very aggressive discovery. Once you have something that isn't the FDCPA to hose them with, you would need to know the actual identities of all of the actual parties. If a party was acting on behalf of Crap1 and their actions constituted a violation of the torts or the state statutes, you could then claim that both the party and Crap1 were liable for that party's actions, and if that party exceeded its authority, expect Crap1 to throw them under the bus.

But you're talking violations that took place in another state, so which state's laws do you use? Now it starts to get complicated. If you are going to use law from your state, you need to know the ins and outs of longarm jurisdiction in your state, especially how it applies to the laws you are using. I would be tempted to find a reputable consumer attorney because of this issue right here.

Beyond that, if you are determined to sue them, I'd first worry about getting the judgment vacated and at the same time, be researching possible causes of action. That way, you can sue when you are ready, or file counterclaims if they come after you in your state.

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Someone sued them for the same phony affadavit that they did to me. Technically I would sue them in ga 1 the affadavit was done in ga 5 minutes from my house. 2 the ttys and maisha davis are here in Ga. 3 crap1 is using the same address that ttys and its employee maisha are using. It is an actual warehouse got pics to prove it. 4 I was a resident of ga. I'm going to call an attorney someone posted who has lawoffices here and in mi. See what I can do. I would love to get that motion vacated. But don't know what my chances are since its 4 years old.but I know ga has a discovery law. That you have 1 yr from date you discovered it. If I can get the motion vacated they are sol. Because sol is up . I would also love to slap a violation on the other debt collector in mi who got the original judgement. Is there a way to see the inquires on ur cr" let's say for last few years""" if they ppulled it it would have shown I was out of state.

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Dang dang dang at 2 yrs. I'm just really beyond belief about this whole mess. I'm going to sit tight see what I can do. Also see if these slimeballs settle. I'm calling mi first thing Monday to see if I can file a motion to dismiss. Don't know if I would have to then have the original place that got the judgement served or the one trying to enforce it here. I know the fee is 21 bucks.

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Affidavits made in bad faith can be pursued, any lawyer that submits one knowingly is in a lot of trouble. They have a responsibility to know what kind of evidence they are submitting to the court. A lot of this sounds in negligence. Unjust enrichment may fit as well. One problem that may arise is the amount of time.....you said this happened 4 years ago. There is usually a statute of limitations for civil actions, check it out. However, also check the bar association, in some states you have up to 5 years to file a complaint against an attorney. You need some solid proof, though. Try that lawyer I posted for you. You'll need somebody licensed in both states.

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You could try fraud as a cause of action...frame it this way:

The lender was aware of your address in GA, but filed suit in MI in an attempt to prevent you from answering the suit. The knowing and willful filing constituted fraud.

Then personally sue the affiant for fraud too.

///

The beauty is that fraud damages are generally not capped.

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The only thing is that ibcant 100 percent prove that they knew my address we all knew they did. But that person who lied under oath 100% did fraud she didn't verify nothing there were no records. It even stated that in her affadavit so how the hell can she say she knew?

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