credit card debt-collectors

[charlesa6]

Originally Posted by CDTRUTH2

I Did Not Move Fast Enough And Did Not Do The Right Processes And The Court Granted The C.c.c. A Summary Judgement. I Did Not Even Get My Day In Court. The Name Of The Judge That Signed It Was Not The Same As The One I Was To Suppose To See In Court That Day. The Time It Was Stamped As Filed Was After 10pm The Night Before The Trial. What The Hell! I Didn't Think Court Was Open That Late! I Was Never Served With The Summary Brief, Or Motion And Still Have Not Received Any Documents With Order Or Judgement From Attorney Or Court. I Found Out About Judgement On The Morning Of Court Date Durning There Roll/case Call. The Secretary Told Me That The Case Was Cancelled The Day Before The Trial Dated And Signed By A Judge. As I Said Before It Was Not The Same Judge I Was Suppose To See That Morning. I Went Down Stair To The Filing Office To See The Paper Work And That's How I Found Out It Was Signed By Another Judge And Was Not Sent To My Mailling Address But To One Of The Addresses On The C.c Statements. Those Sneaky%@$ Sons Of... Will You Know. They Sent All That Other Stuff To My Address And Now They Choose To Send The Rest Elsewhere!! I Know I Dropped The Ball And Know I Have To Start From The Begaining And Motion To Vacate Then Sue Them. I Will Learn From My Mistakes And Move Faster And Try To Make Sure I File Everthing Correctly This Time. Hope My Research And Maybe Alot Of Help From You Good Folks Here Will Help Me. 1. I Need A Good Exsamples Of A Affidavit Of Truth, Or Affidavits In Generral. I Could Not Download One From The Download Section. 2. Can They Present That Judement To The Bank And Take My Money Even Though The D.o.b And S.s Don't Match? I Would Guess That If My Bank Did Give Them Anything I Left In Their(took Out Most My Money Except For Like $25 For Fees Or Whatever) I Would Have To Sue The Bank! Plus When They Did A Search On Some Web Site Supposedly Connected To The Gov. They Saw I Was Not In Currently In The Military & They Affairm That They Are Not As Well. I Guess If I Were I Could Not Stand Or Go To Trial. I Do Thank You In Advance For Any Help And Suggestions You Folks Have For Me.

They play you. File the motion to vacate the summary judgment for improperly served. Check the civil procedure in your state relative to this one.

Default Judgment

May be entered if defendant fails to appear or plead. Be Caution 735 ILCS 5/2-1301.
Default judgment may be set aside if defendant makes a motion within 30 days of the judgment under "reasonable" terms and conditions.

Interest on Judgment

Accrues at 9% per year until satisfied. Be caution 735 ILCS 5/2-1303.

Relief from Judgments

Judgments may be set aside after 30 days and before 2 years under this rule. 735 ILCS 5/2-1401.
Note the following:

• This rule contemplates presentation of facts not known at time of the judgment which would have altered the judgment;
• This rule is not intended to relieve a defendant of the consequences of defendant's or attorney’s negligence.

The defendant must, by affidavit, show:

• Existence of meritorious claim or defense
• Due diligence in presenting claim to court in original action [why defendant did not and could not have known fact(s) alleged]
• Due diligence in filing the present petition

Before they can take any money in your bank they have to file the motion for asset discovery first before anything else.

[charlesa6]

Originally Posted by CDTRUTH2

I Did Not Move Fast Enough And Did Not Do The Right Processes And The Court Granted The C.c.c. A Summary Judgement. I Did Not Even Get My Day In Court. The Name Of The Judge That Signed It Was Not The Same As The One I Was To Suppose To See In Court That Day. The Time It Was Stamped As Filed Was After 10pm The Night Before The Trial. What The Hell! I Didn't Think Court Was Open That Late! I Was Never Served With The Summary Brief, Or Motion And Still Have Not Received Any Documents With Order Or Judgement From Attorney Or Court. I Found Out About Judgement On The Morning Of Court Date Durning There Roll/case Call. The Secretary Told Me That The Case Was Cancelled The Day Before The Trial Dated And Signed By A Judge. As I Said Before It Was Not The Same Judge I Was Suppose To See That Morning. I Went Down Stair To The Filing Office To See The Paper Work And That's How I Found Out It Was Signed By Another Judge And Was Not Sent To My Mailling Address But To One Of The Addresses On The C.c Statements. Those Sneaky%@$ Sons Of... Will You Know. They Sent All That Other Stuff To My Address And Now They Choose To Send The Rest Elsewhere!! I Know I Dropped The Ball And Know I Have To Start From The Begaining And Motion To Vacate Then Sue Them. I Will Learn From My Mistakes And Move Faster And Try To Make Sure I File Everthing Correctly This Time. Hope My Research And Maybe Alot Of Help From You Good Folks Here Will Help Me. 1. I Need A Good Exsamples Of A Affidavit Of Truth, Or Affidavits In Generral. I Could Not Download One From The Download Section. 2. Can They Present That Judement To The Bank And Take My Money Even Though The D.o.b And S.s Don't Match? I Would Guess That If My Bank Did Give Them Anything I Left In Their(took Out Most My Money Except For Like $25 For Fees Or Whatever) I Would Have To Sue The Bank! Plus When They Did A Search On Some Web Site Supposedly Connected To The Gov. They Saw I Was Not In Currently In The Military & They Affairm That They Are Not As Well. I Guess If I Were I Could Not Stand Or Go To Trial. I Do Thank You In Advance For Any Help And Suggestions You Folks Have For Me.

They play you. File the motion to vacate the summary judgment for improperly served. Check the civil procedure in your state relative to this one.

Default Judgment

May be entered if defendant fails to appear or plead. Be Caution 735 ILCS 5/2-1301.
Default judgment may be set aside if defendant makes a motion within 30 days of the judgment under "reasonable" terms and conditions.

Interest on Judgment

Accrues at 9% per year until satisfied. Be caution 735 ILCS 5/2-1303.

Relief from Judgments

Judgments may be set aside after 30 days and before 2 years under this rule. 735 ILCS 5/2-1401.
Note the following:

• This rule contemplates presentation of facts not known at time of the judgment which would have altered the judgment;
• This rule is not intended to relieve a defendant of the consequences of defendant's or attorney’s negligence.

The defendant must, by affidavit, show:

• Existence of meritorious claim or defense
• Due diligence in presenting claim to court in original action [why defendant did not and could not have known fact(s) alleged]
• Due diligence in filing the present petition

Before they can take any money in your bank they have to file the motion for asset discovery first before anything else.

[masterduke]

Regardless of the judgement lie, CLEAR OUT YOUR BANK ACCOUNT NOW, IMMEDIATELY IF NOT SOONER. They have started the count down to day 29 bank account theft day! And your friends at the bank will also 'gain' from this by jabbing you for an additional $70+ for providing this "service". They can't take your overdraft(cause thats the banks "money") any 401 or social security payments. Although I would not trust them with those either. This sounds like a familar stunt these crooks in arms are used to pulling. The saying goes; The squeeky wheel gets the grease. Meaning you need to mount an attack against these thieves. I wonder if your local newspaper would have a reporter who would find this story of interest??? Judges have been tagged for this kind activity. They are so used to getting away with this sort of thing.

[SaveUncleSam]

Originally Posted by masterduke

Regardless of the judgement lie, CLEAR OUT YOUR BANK ACCOUNT NOW, IMMEDIATELY IF NOT SOONER. They have started the count down to day 29 bank account theft day! And your friends at the bank will also 'gain' from this by jabbing you for an additional $70+ for providing this "service". They can't take your overdraft(cause thats the banks "money") any 401 or social security payments. Although I would not trust them with those either. This sounds like a familar stunt these crooks in arms are used to pulling. The saying goes; The squeeky wheel gets the grease. Meaning you need to mount an attack against these thieves. I wonder if your local newspaper would have a reporter who would find this story of interest??? Judges have been tagged for this kind activity. They are so used to getting away with this sort of thing.

Is this theft day something that will apply to all of us ?

[charlesa6]

Probably the newspaper might not want to stick their neck out for this story, and again you never know.

[masterduke]

Originally Posted by SaveUncleSam

Is this theft day something that will apply to all of us ?

It is standard operating procedure, when the debt attorney gets his Summary Judgement against a debtor defendant. They file a bank levy presentment "check" to your bank, but they have to wait 28 days for the check to kick in so that day 29 they get to steal your money. Most of the time the debt attorney will already know where your bank is etc. The 28 days is the period where the appeal process usual happens So its sort of a grace period while you argue the merits of the case and maybe get the summary reversed. I believe thats the reason for the wait(correct me if I'm wrong). They need this court order to steal it legally. But stranger things have happened. If you are in any conflict with anyone; Visa, Mastercard, Discover, loan companys, etc. even if its just in the relentless phone call stage
Play it safe and remove your cash from the bank! Leave the account open with the minimum and keep your overdraft cause they can't touch that. That way you can still cash your checks(don't deposit 'em) and pay bills using the overdraft portion and only make bank deposits to keep that overdraft filled and working. Hope that makes sense.

[CDTRUTH2]

1. What happens if day 28 pasts and C.C.C. go to take the money out and there is still money in there but the amount is not enough to clear their check? 2. Does the bank take a little at a time, or is it a one shot deal? 3. Will they have to motion for levy or create a new check for the lower amount? 4. What if I share an account with another party that was not named in the suit, can the C.C.C.take their money as well because it is in there? 5. If C.C.C. takes it can the other party sue the C.C.C. for taking what does not belong to them? What I mean is if I have a sole account in my name alone & have a joint account with another party, and they don't touch or go after the sole account because it's empty, but go after the joint account because it has money in it. It was said that they can't take any 4O1 or S.S. payments. 7. What if that account mostly contains payments from 4O1 or S.S. and they take money out, what happens then?

[CDTRUTH2]

Originally Posted by masterduke

Regardless of the judgement lie, CLEAR OUT YOUR BANK ACCOUNT NOW, IMMEDIATELY IF NOT SOONER. They have started the count down to day 29 bank account theft day! And your friends at the bank will also 'gain' from this by jabbing you for an additional $70+ for providing this "service". They can't take your overdraft(cause thats the banks "money") any 401 or social security payments. Although I would not trust them with those either. This sounds like a familar stunt these crooks in arms are used to pulling. The saying goes; The squeeky wheel gets the grease. Meaning you need to mount an attack against these thieves. I wonder if your local newspaper would have a reporter who would find this story of interest??? Judges have been tagged for this kind activity. They are so used to getting away with this sort of thing.

I want to know how do they get to my account when they don't have my true and correct birthdate or any S.S.N. information connected to me? When they do a discovery won't the C.C.C look and search under that S.S.N. that they have on file? Won't the party with that birthdate & S.S.N.'s account be cleared out. I never gave them my information because I never made it in front of a judge to show them. Won't they still find that person's information? They just can't look up every person with that name? They do have to use that name, S.S.N.,date of birth, and address don't they?

[masterduke]

I will attempt to "reverse engineer" these two posts. Last one first: They have so many snooper tools that they use to dig up your info these days concerning bank accounts, property, etc. that with the click of the mouse they will start to dig. If that doesn't answer their inquests they will private eye it or they can get the court to make you you spill the beans. The network of creeps they are a part of will have contacts with all sorts of fellow creeps that, all they do is snoop and poke around in peoples business. Either privately or gov. types.

Question 1: They will clear out what ever you have in your account, full amount or not. I know from personal experince!
Question 2: I believe its a one shot deal??. They have to go back to court to get another order to raid your bank again(something the court will gladly provide them with)
Lesson here, Don't leave your money in the bank, Period.
Question 3:They are "entitled" to any amount up to the full dollar amount of the judgement award. But it would not suprise me to see tham take as much as they possibly could. If they felt they could get away with it?
Question 4: If your name is on the account they may try to steal it. You are dealing with thiefs who operate under the veneer of being legal and lawful, nothing could be further from the truth!
Question 5: Sure you can sue 'em. Good luck getting it back w/o an attorney representing your interests. And what a loooong drawn out mess that will be, trying to get them to choke back they money they stole. Don't let 'em take it.
Question 6 & 7: A joint account should be handled differently but I would imagaine that bank should not turn over funds from a joint account(can't speak from experince here)? Regarding 401's and SS payments. Yes it is true that they legally cannot touch those monies. With SS that would violate Fed Laws and so would 401's as well(IRS crap). Your SS payments are protected from levy even after they are deposited in your bank and the bank is supposed to not allow those funds to be stolen. So if the debt attorney steals that and the bank allows it then thats a whole 'nother issue and it involves the bank and fed rule breaking! That would be lawsuit time!
Hope that answers your qusetions I am not 100% sure on the joint account question so maybe some other forum member could answer?

[charlesa6]

You are right on the money, masterduke. You can touch that. Joint account can't be touch by the collectors, black roper or anybody else in that arena, they have to do it separately.