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Multiple Errors in JDB declarations for default judgment, CA


Jojop411
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This is a case filed in Sacramento CA.  A friend was in prison from 6/2002 - 6/2010.  The complaint was filed on 5/09/2007.  He was served the complaint in jail on 2/09/2009.  He made arrangements to pay the principal amount of the claim in  the amount of $866.08.   Which was acknowledged as received and cashed by plaintiff's on 2/25/2009.

The original creditor was B of A.   Plaintiffs, Dynamic Strategies, purchased the debt from West Asset management Inc on 2/28/2007.  West Asset Management aquired the debt on 2/28/2005 from     B of A.    It is not known when the actual date of default is because his girlfriend very well may have continued using and even paying on the account through 2005.  But ironically the complaint states the date of default was  the same day that B of A sold it to Plaintiff's predecessor in interest, West Asset Management.

After my friend made the $866.08 payment, that was the last he heard from anyone regarding this account until April 2016 when he was served with a writ of execution for garnishment of his wages for $3945.    After reviewing the declarations prepared for the default judgment, I noticed several issues that I am seeking input on.

We are aware that his failure to file an answer led to the default, but the judgment amount was incorrectly calculated and the plaintiff appears to be out of compliance with CCP 1033 regarding fees and costs.

1.  Although the plaintiff acknowledged the payment of $866.08, which they claim to haved applied to accrued interest at the rate of 26.99% from 2/28/2005 thru 2/25/2009, they did not credit this amount when they motioned for default judgment.   So the judgment amount was overstated and the post judgment interest was calculated on the higher, incorrect figure and included on the writ.

2.  The plaintiff did not purchase the debt until 2007, how can they charge interest on a debt they didn't own from 2005 to 2007?  (Probably should have been addressed by filing an answer)

3.  Plaintiff's attorney declared that they complied with CCP 1033 by mailing a Notice of Proposed Suit to my friend on 4/20/2007.  This Notice makes reference to a "Household Bank" in the amount of $866.08.    Remember the original creditor was B of A, Household was never part of this account.  Is the Notice of Proposed Suit on an account that was not the account that the complaint is suing for, cause to have the judgment amended, disallowing the costs and fees added to the judgment?

He has spoke to the attorney representing the plaintiff to advise of the mathmatical error, and he agreed to make the proper adjustments.  When confronted with the error on the Notice of Proposed Suit, he got very quite and then replied, "well it looks like we made a typo here".  But said nothing further about that.  He also said he would work with my friend to pay the revised total and drop the garnishment, but he refused to drop any of the fees or costs he technically should not be allowed to collect since he didn't give proper notice per CCP 1033.

If he refuses, can my friend motion to vacate the judgment or at least amend the actual judgment based on the facts stated above?   The prejudgment costs total a little over $500.  At 10% for the last 7 years, the total is rather high.

4.   If they would have credited the principal rather than the accrued interest when my friend sent in the check for $866.08, would that have made much difference?    Correcting the mathmatical errors results in a total of $1450 less than the amount on the writ.   The revised calculations received this morning from plaintiffs attorney is $2680 (was $3945).

5.  Shouldn't he have been notified of the default judgment entered against him?  He believed that when he sent that money, it was over and done with.

Any thoughts, suggestions, comments or feedback will be very much appreciated.

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