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I May Have Found Fatal Flaws in Two Default Judgments


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I have been using this and other sites to fight two default judgments as well as a host of other things I found on my credit report.  I am currently outside the U.S. but maintain banking and other stuff in the states. However, I have not checked my credit report since before 2006. Recently applied for a small credit at the bank I have been a custormer of for 26 years and was denied due to credit report issues.  Low and behold it led me to discover the judgments and other items on my credit report. I have cleared a lot of it and proven it false, however the judgment keep coming back verified. To make a long story short I found some errors on some papers and posted them on line and low and behold those papers can't be found now, so I lost the element of suprise. That is why I will ask for advice now without going into detail on names until after I have filed official documents. I hope you understand.

 

Ok. I have two default judgments in California from two well know junk debt buyers and rights violators. I just found out about the judgments and they were filed originally with the courts in 2008 and finally approved (if that is the right word) in 2010. So they are listed on the credit report as filed in 2010.  I found a clause in California rules to have a judgment vacated it indicated that the lack of service could be a reason to have even a old default judgment vacated.  I started invesigating which has been tough due to sdcourt.gov websites block access in the country I am in.  Finally after several months of trying and researching found a way to work around by renting a virtual ip address. I accessed the court records. Very little was online and no images at all however a chain of events was and it listed the attorneys that handled the case. Again attorneys with bad reputations.

 

I left the U.S. in 2006 and my credit reports have listed my current address (a post office box in the U.S.) since I left. All my mail is forwarded. California allows for service via mail.

 

For the one judgment I found that they said they served by substitute. It contained my old address but the appartment was list as  something like A2 when my apartment was 2A.  A big difference in the large complex. Shouldn't the server, if he did serve, someone notice the error?   The other judgment indicated that they could not serve and asked for default based on that fact. 

 

I have a copy of a abstract judment for the one. It has the wrong apartment. It has that I was served by substitue. It also has a signature for the attorney and the law firm.  Hearing so much about that law firm here on and online. I decided to verify the signature. Wow. A online search revealed many court documents supposedly signed by the same person with vastly different from the one on my abstract and some are not even attempts to be close. I have to order the actually judgment through mail so I am reluctant to reveal what I found so far due to what happen before and I need to see the signature on the judgment but I think I already have cause because - how do I know which is the real signature since the documents signature vary so significantly. 

 

The other was unable to locate and requested default. For some reason the default was initially denied and it was refiled 6 months later with the clerk who approved it. All I have so far on this is the court chain of actions or whatever it is called.  However, I became suspicious because the attorney of record's law firm was unknown. This is a well known law firm in the city.  I dug around and found that this attorney of record graduated law school the year before (months) the suit. Further, according to the state bar online records this person did not get admitted to the bar until about 4-5 months after filing the initial suit against me. According to state law this is illegal if this is actually the case. The is no documenation that person was a later add on or substitute. It only indicates that that person was the attorney of record. That would make the whole suit invalid I believe and the person guilty of a misdeameanor under California law at the least.

 

I need advice on how to proceed without tipping my hand again until I am ready to file for vacation and suit against the attorneys. According to the website of California, I have 180 days to challenge but it already nearly 2 months and my documentation is still slim.  It could take up to 3 weeks more for the documents to be mailed, tha's not counting mailing time both ways.  Does it seem like the problems with the attorneys is a better option than service?  When I start I plan to go full bore from filing with the bar, the attorney general, the FTC and the courts.

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Neither of these may be fatal flaws.  The typographical error of 2A vs A2 is not a major issue and those are allowed to be corrected by the court.  

 

As for the attorney:  when he graduated is irrelevant and there is a VERY short period of time where they can begin  practice while awaiting the Bar exam.  They practice under the umbrella of a colleague (usually a senior partner) until they take the exam so that may not help you either.

 

Given that you are outside the US the best thing for you to do is to turf this to a local consumer attorney in CA who can handle this for you.  In order to get it vacated at some point a court appearance is going to be necessary.  You cannot do this all via paperwork from outside the USA.  A lawyer can appear for you however.

 

Use www.naca.net to find a CA lawyer to do this.  It is your best shot at prevailing.

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Neither of these may be fatal flaws.  The typographical error of 2A vs A2 is not a major issue and those are allowed to be corrected by the court.  

 

As for the attorney:  when he graduated is irrelevant and there is a VERY short period of time where they can begin  practice while awaiting the Bar exam.  They practice under the umbrella of a colleague (usually a senior partner) until they take the exam so that may not help you either.

 

Given that you are outside the US the best thing for you to do is to turf this to a local consumer attorney in CA who can handle this for you.  In order to get it vacated at some point a court appearance is going to be necessary.  You cannot do this all via paperwork from outside the USA.  A lawyer can appear for you however.

 

Use www.naca.net to find a CA lawyer to do this.  It is your best shot at prevailing.

I disagree according to California law it is considered fraud to sign anything related to a case going before the court if you are not a lawyer, even if you are a law student awaiting bar admission.  Second robo signing as with the first case has been proven as fraud. I have found many court cases online that document this fact. Affidavits and such robo signed are violations of rights under the Fair Credit Reporting Act.

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Did the attorney sign a pleading before being admitted to practice?

As far as I can tell with the dates that I see online, the original documents were filed with the court  was approximately 5 months prior to the lawyer being admitted to the state's bar. In fact during this period several other actions were performed according to the court ROA that is online. The original complaint was filed in July 2008 and the lawyer according the bar record was not admitted until Dec 2008.  There is no indication that the lawyer replaced another attorney or joined. It only list that person as the legal representative. All actions where completed up to requestied entry of default to the clerk prior to December which is when the bar site indicates that the lawyer was admitted. It seems this fact brings the whole legality of the case into question.  Just as the robo signing of the first the case should as well. If pleading and other documents submitted to the court where not signed by the attorney then that is fraud. Also, if it was not an attorney that signed and submitted the documents that is a crime in California as well - practicing law without a license. I have looked at your previous replies and you seem pretty knowledgeable. I look forward to your reply. 

 

(I have to admit again, I don't have all the documents in hand currently. Just one abstract with the questionable signature that doesn't match any of the five case from different county courts I have that supposely belong to the lawyer.  Also, the listing of actions on the cases on the court;s website.  I also have a printout of the bar website indicating when the lawyer was admitted to the state bar under "active". Under explanation of this term it indicates that that is when they could act as lawyers in California - only lawyers can prepare or submit case documents per state law)

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