judgement by wolpoff and abramson

[masterduke]

Seems (correct me if I'm wrong) if that court document was not a Summons and Complaint. That states plainly, that you are being sued over this matter. Then the judgement would be able to be vacated or reversed or what ever they label it, as the civil rules plainly states that you the defendant are to be informed and "allowed" to contest the the allegation. I have heard of cases where the black sheet just goes right ahead and grants summary judgement to the debt attorney jerk without any hearing involved(there is even legislation afoot that will make it even more airtight for them, when suing hapless consumers, by making key revisions to the FDCPA!). I happens often. 98% of people served with summons and compalints never show for their court date and then its an instant "win" for the scumbag debt buyers. So maybe the fat slob judge felt that would be O.K. in your case just to jab you. If you get any more summons and compalints, my advice would be to file a counterclaim affidavit against the complaining party within days of recieving it. because if not counterclaimed pronto then it becaomes an "account stated". Magiclly transfering the burden of proof from them to you, and then your stuck in the black hole of disproving their claim. Which if you ain't a lawyer (or Kitchie) you will meet with extreme prejudice in "their" court "system". If, in your state this "invitation" was their way of serving a summons then you should find out about the appeal process and garnishment rules (go to the law library) and get your money, if any, out of the banks, cause they are the debt/court jerks silent partners. Hope this has been some help. I know about being at wits end believe me! People say its "only money" but it goes well beyond that, its a feeling of being violated by these worms, in a manner that is an intangiable, like it goes right to your inner being and that is where the longterm damage resides. That is why I am going back to school. To learn how to fight these bastards & bitches, so that other Mr. & Mrs. Lunchbuckets can be protected from these vampires.

My point is and has been, these (people?) don't give a rats behind what I do or send. They have ignored my evey written mailing from the begining. In trying to get a verification of debt, all the way to an affidavit of special visitation.

I would like to send a counter-claim affidavit, but have no idea what such would contain, nor where to find even a simple example from which to learn. I did try the download section, to no avail.

Time is of the essence, I know, and the longer this thing drags on, the worse it looks for the home team. My work in trying to provide for my family keeps me from home for periods of time, not in my best interest when trying to deal with these blood sucking turds, and not what I'd want, but have no other way to provide.

I have read thread after thread on this very subject, and have gained alot of useful information, for which I am eternally grateful. Now I have to put this to some good use. My gut feeling goes like this, first I send a VoD to that jerk that feels as though he has a "right" to some of my hard earned means, of which there is not enough anyway. Along about the same time, I need to send some kind of an affidavit to the local court house stating no cause for a judgement, when there has been no (cause?) stated for which releif can be granted.

I know of no other alternative and am sick and tired of all their crap. Any and all constructive (critisisims?) would be greatly appreciated and accepted in the matter. My mind is like mush anymore, and my letter writing probably shows it. Onward and forward I go.

If anyone has a want or desire or something, please feel free to PM.

[masterduke]

If the judgement has already been granted you have up to a year or so (check your local rules to be sure) to appeal it. If you never got any summons and complaint court date then that would be grounds to have it vacated or resinded, set aside, whatever they call it, then you could start over. Appeals, which are a tricky process, should be done by someone who Knows how to do it properly. These bar members ain't gonna make it easy. as it sits right now, I don't think a counterclaim affidavit is applicable, as it may be too late for that(please correct me if I'm wrong) If you get the judgement thrown out and can start over, then the counterclaim would be applicable.
Those judgements have basicly no expiration date (at least in Mich) so they can haunt you for years or until the ticks get paid off and they incur "interest" as well. Not to be a bearer of bad news. If you can afford counsel that would be a good idea. You would need someone who is a consumer advocacy attorney or a "competent" bankruptcy lawyer (if such a thing exisits) there are some, although rare.
Also check www.naca.net which is a nation wide association of consumer advocates which has listings of attorneys in all the states who can help to fight these creeps. If you have experinced a loss of income a B.K.7 might help (even with the new rules, if you have had a substanial loss of income you may still be able to get the debts discharged) Hope this has been some help.

[seeker]

Winston says a case is never closed, therefore you can always file a cross or counter claim. You may want to investigate a Show cause or evidentiary hearing -- MD you might want to consider these too. Do some research and see what turns up.

Seeker

I went back to the begining of this thread for a complete review of this subject. I will be following jeffmar10's advice in looking for a complete record of a default judgment. After this, will be checking the court rules.

Also, sent a PM, looking for the material from Cornforth, to use as a resource.

Now onward and foward with a couple of questions. Seeker writes about filing a Default in the Recorder's office and having a certified copy sent to the judge/court. Wouldn't an affidavit (Special Visition) sent via Notary and not responded to constitute a Default? Add to that, a Notice of Non-response? I have done both, sent both, one each to the debt collector as well as the judge/court (all by certified mail), before this supposed judgment was entered. Have not had them recorded though. Is it too late for this?

Don't really want an Evidenciary Hearing, but if I must, oh well. The judge will most likely be using whatever they used earlier as evidence, and foregoing the facts. I didn't use a VoD earlier, but beleive this may still be an option, true?

Also, I don't know enough about such things as filing for a dismissal or any of the other suggested filings and therefore would not feel comfortable doing any of these.

I searched the Winston downloadables, and am not sure anything there would be of much help. Could be wrong though! Didn't see anything that looked like a cross or counter-claim. Lots of informational reading, I like that.

Time is truly of the essence, as this "judgment" was dated 12/14, and I need to get going before they do. Any and all help will be greatly appreciated.

[mrg]

Originally Posted by Bob T D

I went back to the begining of this thread for a complete review of this subject. I will be following jeffmar10's advice in looking for a complete record of a default judgment. After this, will be checking the court rules.

Also, sent a PM, looking for the material from Cornforth, to use as a resource.

.

You can read Richard Cornforth Beating Up On Debt Collectors
by going here:

http://www.commonlawvenue.com

When you get there, look in the far left side and cick on important information

When the screen comes up click on EVERYTHING ELSE which will be at the top of the right hand column.

When the next screen opens, look at the far right column, and scroll all the way down.

In the far right column, sixth from the bottom you will find Beating Up On Debt Collectors click on it and a PDF of the whole book comes up.

I read it, it had a lot of info.

Ask others here what they think of the book...(Jerseee has really good stuff in the downloads too.)

[mrg]

Federal Rules of Civil Procedure:

http://www.lexisnexis.com/lawschool/...web/frcp01.htm

Federal Rules of Evidence:

http://www.law.cornell.edu/rules/fre/rules.htm


I am not for sure, but I would think that state and local rules follow this pretty close, you would have to check for sure, but this is the federal rules.

All was flying right along while reading through the Cornforth material. Then I came to realize that I can't shepardize all those fine cites that he included in the book. Being from Wisconsin, and finding a few cites from same, I thought I'd look in this state's records, via the net. It appears that the one about Larry Cherry was a bust, not included or something. Same county, same first name, different case number, but still nothing. Am I doing something wrong?