Learnin

Learnin vs Unifund - Get my garnished funds back

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Hello all.

Just when I thought it was time for a break (having gotten Cach to dismiss with prejudice after 3 years), looks like there's no rest for the wicked.

 

I discovered last night that Unifund (who once upon a time identified themselves as 'Servicer for PILOT RECEIVABLES MANAGEMENT, LLC') stripped (a figure between $2,000 and $3,000) from my bank accounts and would have taken more if more was in there (I had just taken $1,000 out the day before, yeay!)

 

1.  I've lived in California ths last many years.

 

2.  I didn't know anything about the Washington case, judgement, or order for garnishment, and they knew or should have known my California address.   I haven't heard anything from Unifund for a long time, I'll have to look but as I recall they didn't respond to my debt validation, and I defaulted them out on an admin process where since they didn't provide various info they agreed to certain terms, like not suing me etc (I've defaulted all my JDBs but have never used the default/admin process in/with court before, so we'll see, just adding it in here so you know what cards I have).

 

3.  The bank holds the funds for 21-30 days, so I have some time to get Unifund or the court to 'release' the funds back to me.

 

4.  Conveniently enough, I'm moving back to Seattle for the winter, 3 months maybe 6.  Driving up tomorrow Friday and would like to be ready to do something (with the court, etc) on Monday.

 

5.  I don't have any of the court docs yet, as I'm just looking into Washington court system's website and figuring out how to do that.  It's not as easy as California, it seems.

 

6.  I'd like to come up with the best plan of attack.  I want to get my funds back while my bank still has a hold on them, and I'd like to sue them (unless they release the funds without a fight).

 

 

Questions:

1.  What's the deal with Washington court system?  It looks like have to pay to look up court records.  Any Washington peeps can give me the lowdown on the best way to see what records the court has on this case?

 

2.  I'd like to put together a plan of attack.  Should I:
    a.  call Unifund and tell them they never served me etc and to release the funds or will initiate court action?
    b.  Should I just put in a motion with the court to set aside the judgement/garnishment and ask for an order releasing funds back to me?
    c.  Is it too late to put in a cross complaint?  (I imagine it is) As opposed to starting a new case against them?

    d.  Some or all of the above?

    

3.  I'd like to get the funds released back to me and avoid a lenghty court battle so I'm thinking of trying to set aside the judgement/garnishment and then go after them in small claims court (faster and they can't bring a lawyer)(though that might not keep them from bringing a civil case again.  Anybody with experience with surprise judgements/garnisments have some words of wisdom for best plan of action?

 

4.  Can you point me to any threads where this has been covered to some degree?  Nothing comes up searching for 'garnishment' or 'garnish', which has me think I'm doing something wrong, as surely it's been hashed about before.

 

 

 

5.  Any words of advice on legal battles when living a gypsy lifestyle/not in a single place for too long?  If I'm only in Washington for 3-6 months....how should one think about waking legal battles when not necessarily going to be there for years?

 

 

Thanks.

Learnin

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How long have you lived in California, and did you claim it as your residence? When did unfunded file suit? Did they claim they served you? And when is the sol up...Cali is 4 years so was it up when they filled on you?

The quickest thing to do is a motion to vacate, make your brief compelling, never served, wrong venue, sol if applicable. Hopefully judge will rule on it fast. If not and you are successful, but they have your money, you could drag their sorry butt into court then. Maybe in California.

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How long have you lived in California, and did you claim it as your residence? When did unfunded file suit? Did they claim they served you? And when is the sol up...Cali is 4 years so was it up when they filled on you?

The quickest thing to do is a motion to vacate, make your brief compelling, never served, wrong venue, sol if applicable. Hopefully judge will rule on it fast. If not and you are successful, but they have your money, you could drag their sorry butt into court then. Maybe in California.

 

I've been in CA at least 5 years.  Was in WA 12ish years before that.  Did I claim it as my residence...I don't know, how would I do that?  Register to vote, drivers license, mail box, utilities? Did all that

 

I don't know yet when Unifund filed suit, Will know monday when I get case docs from the courthouse.

 

I'm assuming they claimed to have served me, since King County court sent and order to garnish, thus I'm assuming there's been a court case filed and judgement filed against me.  Again, will know more Monday. 

 

I don't remember what state I started the card in,   CA is 4 year SOL, I believe that WA is 3 years.  It's defiitely been 3 and has probably been 4.  Will have to investigate (experian credit score report shows 'ok up to 2006 then nothing after that.)

 

Hopefully not in California, as far as dragging their butt to court, as I'm wintering in Seattle.

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An out of state judgment in CA must be domesticated in a CA court... meaning, they needed to file a case to get the judgment domesticated in the local court... 

 

Hmmmm.  The gal in legal at my bank said she was looking at an order from King County, WA, court.  She wouldn't email me what she was looking at, I have to go into a branch, have them call, they she/legal will email them the order.  I'll get that in the morning before I start driving north to WA.

 

But....could they have done the order at a WA branch (wells fargo) and it just looks like it was CA because I'm in CA?  I guess I should call legal again and ask if it was a CA garnishment or a WA garnishment?

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You can easily search for you name in the Superior and District court records and see when the case was filed.

 

I don't think you will get much more useful info beyond that and will have to go in person to get a copy of the file.

 

 

http://dw.courts.wa.gov/?fa=home.casesearchTerms

Thanks!

 

I have no idea how to get there from the homepage, but thanks for the link.  I took a look, and I wasn't in there.

 

I'll know more Friday and on Monday and will have more questions about how best to proceed then.  

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An out of state judgment in CA must be domesticated in a CA court... meaning, they needed to file a case to get the judgment domesticated in the local court... 

 

It's a King County writ of garnishment.  Wells Fargo legal says it was mailed to them (in Arizonza) by the WA law group.

 

Would it need to be a CA court if I'm a CA resident (obviously it would for 'getting sued in the jurisdiction where I live') but as it's a national corporation (wells fargo), does geography even matter?

 

What's the guiding factor in 'domesticated in the local court'?

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OK - so this is the other wrinkle- Wells Fargo has a nexus in WA - meaning that a judgment served on them is enforceable. In your case, you may have to kiss that money goodbye. 

 

You can maybe fax a letter to the law firm stating that you're no longer a resident of the state and to release the funds - but my guess is that they won't do that. 

 

 

What I'd consider is opening an account at a local bank/credit union for your banking needs. 

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OK - so this is the other wrinkle- Wells Fargo has a nexus in WA - meaning that a judgment served on them is enforceable. In your case, you may have to kiss that money goodbye. 

 

You can maybe fax a letter to the law firm stating that you're no longer a resident of the state and to release the funds - but my guess is that they won't do that. 

 

 

What I'd consider is opening an account at a local bank/credit union for your banking needs. 

 

Thanks, that makes sense that the judgement is enforceable in WA.

 

But I'm not kissing that money goodbye because they could only get a judgement by suing me.  They never served me, they didn't bring suit in the correct jurisdiction, they knew my address in California, etc.

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Yep, fight it. I wouldn't tell them you winter in WA, they might construe that as a legal residence. Rather I would say you vacation there once a year to visit family.

 

Thanks for the warning.  I should have already considered that, but didn't....Yikes.

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Hello all.

Just when I thought it was time for a break (having gotten Cach to dismiss with prejudice after 3 years), looks like there's no rest for the wicked.

 

I discovered last night that Unifund (who once upon a time identified themselves as 'Servicer for PILOT RECEIVABLES MANAGEMENT, LLC') stripped (a figure between $2,000 and $3,000) from my bank accounts and would have taken more if more was in there (I had just taken $1,000 out the day before, yeay!)

 

1.  I've lived in California ths last many years.

 

2.  I didn't know anything about the Washington case, judgement, or order for garnishment, and they knew or should have known my California address.   I haven't heard anything from Unifund for a long time, I'll have to look but as I recall they didn't respond to my debt validation, and I defaulted them out on an admin process where since they didn't provide various info they agreed to certain terms, like not suing me etc (I've defaulted all my JDBs but have never used the default/admin process in/with court before, so we'll see, just adding it in here so you know what cards I have).

 

3.  The bank holds the funds for 21-30 days, so I have some time to get Unifund or the court to 'release' the funds back to me.

 

4.  Conveniently enough, I'm moving back to Seattle for the winter, 3 months maybe 6.  Driving up tomorrow Friday and would like to be ready to do something (with the court, etc) on Monday.

 

5.  I don't have any of the court docs yet, as I'm just looking into Washington court system's website and figuring out how to do that.  It's not as easy as California, it seems.

 

6.  I'd like to come up with the best plan of attack.  I want to get my funds back while my bank still has a hold on them, and I'd like to sue them (unless they release the funds without a fight).

 

 

Questions:

1.  What's the deal with Washington court system?  It looks like have to pay to look up court records.  Any Washington peeps can give me the lowdown on the best way to see what records the court has on this case?

 

2.  I'd like to put together a plan of attack.  Should I:

    a.  call Unifund and tell them they never served me etc and to release the funds or will initiate court action? NO, never talk to the opposing side, any thing you tell them they can and will use against you in court. Every thing you do will be through the court system and done in a legal manner.

    b.  Should I just put in a motion with the court to set aside the judgement/garnishment and ask for an order releasing funds back to me? Yes a motion to set aside is appropriate but there are some other ways you can deal with this. It all depends on how aggresive you want to be with them.

    c.  Is it too late to put in a cross complaint?  (I imagine it is) As opposed to starting a new case against them? Once the motion is set aside you can file any complaints. Did you move well before they filed a suit? This brings some interesting defenses to light if you did.

    d.  Some or all of the above?

    

3.  I'd like to get the funds released back to me and avoid a lenghty court battle so I'm thinking of trying to set aside the judgement/garnishment and then go after them in small claims court (faster and they can't bring a lawyer)(though that might not keep them from bringing a civil case again.  Anybody with experience with surprise judgements/garnisments have some words of wisdom for best plan of action? Once they have the money in their hands the problem becomes harder to deal with. I all actualality you could claim they committed fraud, they filed a suit in a state where you did not reside and they led the court to believe that you were served and the court had jurisdiction over you, they led the court to believe you failed to appear and ended up with a court decision in their favor. Fraud is a serious issue. You also need to examine the affidavit of the process server, if he/she claims they had personal service when they did not you can file a suit against the process server. If they would have performed due diligence they would have easily discovered your correct address. I would say that they knew you recently moved and knew if they filed suit in your previous State they would have an easy default judgement. My self I would state that in my complaint and let them prove other wise. You can prove your legal residence in Cali by showing the court a copy of your driver license and entering it into evidence along with you correct mailing address car registration and any thing else you have from the State of Cali. I would sue them for damages, statutory and punitive. In order for them to handle the case the way they did they had to commit perjury also.

If they had anyone that works for them file any false affidavits on their behalf they COULD be guilty of subornation of perjury, see 18 U.S.C. section 1622, I am not saying they are guilty of this but it is possible. You claim that they used an “Unconscionable” scheme to to deceive or make misrepresentations through the court system. Let them prove they did not in any way or could not in any way have known where you did live at the time the suit was filed. These are things that need to be established before the court allows the case to go further.

 

 

 

4.  Can you point me to any threads where this has been covered to some degree?  Nothing comes up searching for 'garnishment' or 'garnish', which has me think I'm doing something wrong, as surely it's been hashed about before. Any cases?  use google scholar,,,this crap happens all the time,,,,,But I would not want to lead you top believe a junk debt buyer would intentionally lie in court.

 

 

 

5.  Any words of advice on legal battles when living a gypsy lifestyle/not in a single place for too long?  If I'm only in Washington for 3-6 months....how should one think about waking legal battles when not necessarily going to be there for years? They only way you can enforce your rights under the law or your inalienable rights is to stand up and tell the person who sued you that you will not stand for it. If you do not assert your rights do not ever expect a court of law to do it for you.

 

 

Thanks.

Learnin

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It's a King County writ of garnishment.  Wells Fargo legal says it was mailed to them (in Arizonza) by the WA law group.

 

Would it need to be a CA court if I'm a CA resident (obviously it would for 'getting sued in the jurisdiction where I live') but as it's a national corporation (wells fargo), does geography even matter? Not 100% accurate, most States have a Long Arm Statute that they can use to gain jurisdiction over an out of State defendant who transacts business within that State, or owns, uses or posses real property in that State.

 

What's the guiding factor in 'domesticated in the local court'?

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DEFENDANTS MOTION TO SET ASIDE JUDGMENT

 

Comes no the Defendant,(your name here), pro Se, under the penalties of Perjurynand asks the Court to set aside the judgement entered against the defendant for the following reasons,

1) Lack of process of service

2) Fraud

 

 

1) The Defendant was not served in the above matter. The Defendant lived in Another State at the commencement of the case. The Defendant claims that some fraud could have been committed. The Court allowed the Plaintiff to continue with the case, probably due to some misrepresentations by the Plaintiff. This cannot be determined until the case is reopened and the Defendant is afforded his right to defend himself properly. 

2) Since the Defendant was not afforded the opportunity to defend him self the Defendant has no idea of the circumstances or how the Plaintiff  presented their case. There could have been some fraud involved, until the Defendant can have this case set aside and reheard the Defendant cannot be certain how the plaintiff presented their case, nor can the Defendant be certain what evidence was entered in this case.    

 

Where fore the Defendant (name), prays upon this court to set aside the judgement so the defendant can properly defend himself in this cause of action. 

 

having been judged and adjudicated by the Court of____________________ and by his honorable Judge_____________________ , in and for the State of Washington, in the county of__________, on this _____ day of _______, 20_____ the Defendants motion is

__ Granted

__ Denied

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Thanks for that BTO429.

 

 

So I got docs from the court today.  

 

1. Summons, Notice to Service Members, Complaint. (e-filed Aug 13, even though documents are signed/dated May 13.)

 

The Summons is not a on a court form like they are in California. It’s in regular numbered court document form with court name at top, plaintiff/defendant, case number (blank) and ‘SUMMONS’ and says: “A lawsuit has been started against you in the above entitled court by the above named plaintiff. Plaintiff’s claim is stated in the written complaint, a copy of which is served upon you with this Summons. In order to defend against this lawsuit, you must respond to the complaint by stating your defense in writing…..etc. You may demand that the plaintiff file this lawsuit with the court. If you do so…etc. This summons is issued in pursuant to Rule 4 of the Sup Court Civil Rules of the State of Washington.”

 

 

I’m not a service member so that’s irrelevant.

 

 

The Complaint: (case number left blank also) “COMES NOW the plaintiff for cause of action against the defendants and complains and alleges as follows:

 

I. Plaintiff is a legal entity having paid all licenses and fees if required by law and is authorized to bring this action.

 

II. The defendant, LEARNIN, is believed to be a married individual and as such incurred the below-referenced separate and community obligation. Defendant resids in KING County, WA.

 

III. That at all times material, defendant has been the obligor of a certain credit account bearing number XXXX which has been assigned to plaintiff.

 

IV. By the use of said credit account, said defendant became indebted on said account for goods, services, and monies loaned int eh stated amount, the unpaid balance $5087.62 which is fully due and owing to Plaintiff, together with such greater sum as may be proved at the time of trial, together with interest thereon at the highest legal rate.

 

V. Plaintiff may be entitled to attorney’s fees either by contract or statute. Plaintiff requests an aware of attonrey’s fees, as determined by the court. We are debt collectgors, this is an attempt to collect a debt and any information obtained will be used fo that purpose. Wherefore, plaintiff prays for judgment against the defendant for the sum of XXXX together with interest thereon at the highest legal rate, and any further sum which may be proven at the time of ttrial,and a reasonable sum as and for plaintiff’s attorney’s fees; that such judgment shall bear interest at the highest legal rate after entry; and that the plaintiff have an receive such other and further relief as in the premises shapp appear just and equitable Nicholas R. Filer, SUTTEL & HAMMER, P.S. MOTION & DECLARATION FOR DEFAULT JUDGEMENT, Nothing interesting in the declaration (he was served, it’s been 20 days, etc).

 

EXHIBIT A is allegedly an AFFIDAVIT OF INDEBTEDNESS from Elizabeth Meents (in the state of Ohio) swearing she is an authorized representative of UNIFUND and that she’s authorized to make the following statements and representations which are within her personal knowledge and she is competent to testify. As of XX/XX/13 there was a due and payable from LEARNIN, account # XXXX(last four digits), the amount of $XXXX.XX plus interest due and owing. The creditor for this account was CIIBANK and the account was acquired from CITIBANK. Said account has been forwarded to SUTTELL & HAMMER, P.S. as attorney for Plaintiff UNIUND CCR, LLC for the purpose of collection, adjustment, compromise or satisfaction of said claim including without limitation, commencement of a lawsuit. Notary KERRY ARMOUR of Ohio. 

 

EXHIBIT B consists of one BILL OF SALE AND ASSIGNMENT from Citibank to Pilot, and one ASSIGNMENT from Pilot to Unifund. “This Bill of sale and assignment dated June 2012 is by Citibank, N.A., ...located at….sioux falls…to PILOT RECEIVABLES MANAGEMENT, LLC, organized under the laws of the state of Ohio, with its headquarters located at…. For value received and subject to the terms and conditions of the Purchase and Sale Agreement dated June 2012, between BUYER and the BANK (the “Agreement”), the Bank does hereby transfer, sell, assign, convey, etc, to Buyer…the Accounts described in Exhibit 1 and the final electronic file.”

 

This bill is not notarized, there is no identification of account numbers, lot numbers, etc. It is signed by Patricia Hall, with the hand written title ‘Financial Account Manager’.

 

The ASSIGNMENT, effective 5-13 between Pilot and Unifund refers to the Servicing Agreement between the two, and has no account or lot numbers. It is signed by Morgan J Smith, VP of Operation (not operations) of Pilot Receivables Management, LLC and Autumn Hopkins, manager of Legal Operations for Unifund.

 

 

DECLARATION OF SERVICE

Charles Reeves, reg #047507, Declares that “On 5-x-13 at 1PM at the address <address of house I used to own but sold about 6 years ago> this declarant served the above described documents upon LEARNIN by then and there personally delivering 1 true and correct copy(ies) thereof, byy then presenting to and leaving the same with Jane Doe, WHO REFUSED TO GIVE NAME, CO-RESIDENT, a brown-haired white female approx.. 35-45 years of age, a person of suitable age and discretion who stated they reside at the defendant’s/respondent’s usual place of abode listed above. Declarant hereby states under penalty of perjury under the laws of the State of Washington that the statement above is true and correct.

 

 

Then there is the Order of Default Judgement, Declaration for Garnishment stating that the bank is ‘indebted to the defendant in amounts exceeding those exempt from garnishment by any state or federal law..’ and the Writ of Garnisment.

 

 

CURRENT TIMELINE OF EVENTS

 

1. Sometime early Aug 2012, Unifund mailed me a ‘we’re collecting’ letter. (So they know my California address)

 

2. I responded mid Oct 2012 with a FIRST NOTICE/DEMAND VALIDATION OF DEBT AND PROHIBITION OF REPORTING OF NEGATIVE CREDIT. (So they know my California address)

 

3. They responded early Nov with the date the account was allegedly opened, ‘has been accruing interest since it was charged off in ’09, account had an original balance of $5k (ish) and it’s current balance is $10k (ish). (So they know my California address)

 

4. End of Nov I sent SECOND NOTICE/OPPORTUNITY TO CURE.

 

5. Early Dec 2012 Unifund responded with ‘..has received your communication regarding your account dispute. This dispute is substantially the same as a dispute previously submitted’, again providing inadequate response.

 

6. Mid Jan 2013 I sent AFFIDAVIT OF NOTICE OF DEFAULT. No response.

 

7. June 2013 Unifund ran a credit inquiry. (So they know my California address)

 

8. Summons and complaint signed/dated first week of May 2013. Served to a clearly not my current address in not my current state. Efiled to court on Aug 2013, judgement and garnishment order following in October.

 

9. $2k plus taken from my account without notice mid October 2013.

 

 

QUESTIONS:

 

1. Is it likely I can get the court to ‘release’ my bank from the garnishment order, thus preventing funds from actually getting into Unifunds’ hands?

 

 

2. Should I do a Motion to Vacate or a Void Judgement? (In the interest of quickest action to stop funds from getting to Unifund.)  EDIT:  I think those are the same thing.  

 

So, replacement question:  What happens when the motion to vacate judgement gets granted (assuming it does).  I mean, is the case 'reopened', essentially? What action comes next?

 

 

3. It looks like, in WA, the plaintiff didn’t have to file anything with the court unless I demanded that they do so (assuming I got served).

 

 

4. Am I correct in thinking that serving me by putting it into the hands of an unnamed woman and what is clearly not my current address renders said service INVALID? Or void, or whatever the best term is.

 

 

5. Referring to question #2, can I/should I try for an emergency motion to have it happen faster? Would the court consider that/care that my $2k is about to be taken from me for the long term?

 

 

6. If I want so sue and punish the other side, should I let them get the $2k?

 

 

7. They said ‘has been accruing interest since it was charged off in ’09, account had an original balance of $5k (ish) and it’s current balance is $10k (ish)’, but only sued for $5kish.

How can I use that against them? (aside from Discovery questions eventually).

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In WA we have "pocket service" where they send you the summons and complaint first without filing it with the court.  Then if you don't answer they file it with the court and get the automatic default judgment.

 

There should have been something in the file that showed "proof" that you were served.  That would be interesting to see as is sounds like the process server never served you.

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In WA we have "pocket service" where they send you the summons and complaint first without filing it with the court.  Then if you don't answer they file it with the court and get the automatic default judgment.

 

There should have been something in the file that showed "proof" that you were served.  That would be interesting to see as is sounds like the process server never served you.

 

Woops. It was lost in there, I hadn't separated it out after I cut and pasted it over from Word.  Edited it above.

 

DECLARATION OF SERVICE

Charles Reeves, reg #047507, Declares that “On 5-x-13 at 1PM at the address <address of house I used to own> this declarant served the above described documents upon LEARNIN by then and there personally delivering 1 true and correct copy(ies) thereof, byy then presenting to and leaving the same with Jane Doe, WHO REFUSED TO GIVE NAME, CO-RESIDENT, a brown-haired white female approx.. 35-45 years of age, a person of suitable age and discretion who stated they reside at the defendant’s/respondent’s usual place of abode listed above. Declarant hereby states under penalty of perjury under the laws of the State of Washington that the statement above is true and correct.

 

 

 

Is the Declaration of Service 'proof'?  Granted, -I- wasn't served, I wasn't served in the state I resided in, and my residence in that state wasn't served.   So I'm thinking the Delcaration of Service is proof that I WAS NOT served.  Yes?

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Read the state's laws regarding service... this sounds like substituted service to me. 

  

It would be substituted service if I lived there.

 

I've lived in a different state for years.  They knew I lived in a different state.  They mailed me in a different state to let me know they were collecting.

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Any contact from Suttell & Hammer to your address in CA or was it just Unified that had your address in CA?

 

Unifund only in CA, and I responded to them with validation of debt demand.  Nothing from Sutter to CA, nothing on credit report.

 

I could probably contact the gal at the old house in WA to see if they mailed stuff, but I don't know if that would help or hinder me unless she told the server I didn't live there and he didn't mention that, or they didn't actual deliver service to her like they claim.

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Seems like you should be able to get the judgment vacated but it is over my head.

 

 

Here are a couple of tidbits that might be interesting.

 

http://caselaw.findlaw.com/wa-court-of-appeals/1534653.html

 

 

http://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=sup&set=CR&ruleid=supcr60

 

                                            
                          RULE 60                                               
               RELIEF FROM JUDGMENT OR ORDER                                    
                                                                                
    (a) Clerical Mistakes. Clerical mistakes in judgments, orders or other      
parts of the record and errors therein arising from oversight or omission       
may be corrected by the court at any time of its own initiative or on the       
motion of any party and after such notice, if any, as the court orders.         
Such mistakes may be so corrected before review is accepted by an appellate     
court, and thereafter may be corrected pursuant to RAP 7.2(e).                  
    (B) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered             
Evidence; Fraud; etc. On motion and upon such terms as are just, the court      
may relieve a party or his legal representative from a final judgment,          
order, or proceeding for the following reasons:                                 
    (1) Mistakes, inadvertence, surprise, excusable neglect or irregularity     
in obtaining a judgment or order;                                               
    (2) For erroneous proceedings against a minor or person of unsound          
mind, when the condition of such defendant does not appear in the record,       
nor the error in the proceedings;                                               
    (3) Newly discovered evidence which by due diligence could not have         
been discovered in time to move for a new trial under rule 59(B);               
    (4) Fraud (whether heretofore denominated intrinsic or extrinsic),          
misrepresentation, or other misconduct of an adverse party;                     
    (5) The judgment is void;                                                   
    (6) The judgment has been satisfied, released, or discharged, or a          
prior judgment upon which it is based has been reversed or otherwise            
vacated, or it is no longer equitable that the judgment should have             
prospective application;                                                        
    (7) If the defendant was served by publication, relief may be granted       
as prescribed in RCW 4.28.200;                                                  
    (8) Death of one of the parties before the judgment in the action;          
    (9) Unavoidable casualty or misfortune preventing the party from            
prosecuting or defending;                                                       
    (10) Error in judgment shown by a minor, within 12 months after             
arriving at full age; or                                                        
    (11) Any other reason justifying relief from the operation of the           
judgment.                                                                       
    The motion shall be made within a reasonable time and for reasons (1),      
(2) or (3) not more than 1 year after the judgment, order, or proceeding        
was entered or taken. If the party entitled to relief is a minor or a           
person of unsound mind, the motion shall be made within 1 year after the        
disability ceases. A motion under this section (B) does not affect the          
finality of the judgment or suspend its operation.                              
    © Other Remedies. This rule does not limit the power of a court to        
entertain an independent action to relieve a party from a judgment, order,      
or proceeding.                                                                  
    (d) Writs Abolished--Procedure. Writs of coram nobis, coram vobis,          
audita querela, and bills of review and bills in the nature of a bill of        
review are abolished. The procedure for obtaining any relief from a             
judgment shall be by motion as prescribed in these rules or by an               
independent action.                                                             
    (e) Procedure on Vacation of Judgment.                                      
    (1) Motion. Application shall be made by motion filed in the cause          
stating the grounds upon which relief is asked, and supported by the            
affidavit of the applicant or his attorney setting forth a concise              
statement of the facts or errors upon which the motion is based, and if the     
moving party be a defendant, the facts constituting a defense to the action     
or proceeding.                                                                  
    (2) Notice. Upon the filing of the motion and affidavit, the court          
shall enter an order fixing the time and place of the hearing thereof and       
directing all parties to the action or proceeding who may be affected           
thereby to appear and show cause why the relief asked for should not be         
granted.                                                                        
    (3) Service. The motion, affidavit, and the order to show cause shall       
be served upon all parties affected in the same manner as in the case of        
summons in a civil action at such time before the date fixed for the            
hearing as the order shall provide; but in case such service cannot be          
made, the order shall be published in the manner and for such time as may       
be ordered by the court, and in such case a copy of the motion, affidavit,      
and order shall be mailed to such parties at their last known post office       
address and a copy thereof served upon the attorneys of record of such          
parties in such action or proceeding such time prior to the hearing as the      
court may direct.                                                               
    (4) Statutes. Except as modified by this rule, RCW 4.72.010-.090 shall      
remain in full force and effect.
 

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If you 'vacate' a judgement, what do you do for a writ (of garnishment)?  Right now my motion is titled 'Motion to Vacate Void Judgment/Order and Stay Execution Of Writ Of Garnishment; Declaration'.

 

But thinking about it, I don't want to stay the execution, I want it revoked/cancelled/voided etc.   If the Judgement gets vacated, does anything automatically happen to the Writ?  I assume I still need to have the court revoke/cancel/voided etc, get an order telling the bank to release teh funds and tear up the writ, etc.

 

Motion for....And Relief From Writ Of Garnishment?  

 

Or should I jsut leave it at 'Stay of Execution of Writ Of Garnishment' and if the judgement gets vacated, I can orally ask for relief from the writ?

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