judgement by wolpoff and abramson

[jeffmar10]

Well, you'll have to get a copy of the court file. Chances are they have a
default judgement. Most likely bogus. One thing you have to understand is that
Attorneys cannot testify. The only one that can claim an injury is the injured party.

A Scenerio to this would be: If someone broke a window on my house (the injured party) and my next door neighbor saw it, the neighbor could not collect
any damages. I would have to appear in court, not my neighbor. Now I could call my neighbor as a witness, but I would still have to be in appearance. In other words I would still have to be in court, even if I had a attorney.

With credit cards, the attorney (not the injured party) makes an entery of appearance, which the judge will say that's good enough. Well it's not, remember attorneys can not testify. There is no testimony in court. Just because there are records in your court file, doesn't mean the records are in court. The only one that can enter business records into court is the injured party, no if ands or buts.

You'll have to do the leg work though, and look at the case file. There are people at this site that can further clarify and give you direction on what to do. This is not legal advice, but just another avenue for your mind.

Remember, it will not be easy, you are about to enter and arena of absolute corruption, where judges routinely enter orders without subject matter jurisdiction.

How do I go about getting a copy of the court file? Sorry to sound so stupid but this is all new to me. All I know is I tried working out a deal with the credit card company and they didn't care. Turned it over to someone that I don't believe was W&A but they have it. Went on a payment plan, called the day I was suppose to and the person I dealt with was not there. Never returned my call. Still making the payments. Wake up one day being served that I was being sued. Couldn't get to the court house for my life. They got the judgment against me. I can't find anything for my state about a sheriff sale. Someone sent me a link for homestead exemption but I didn't get that either. I am not that stupid by no means, I think it is all the stress. If I lose this home I am homeless, literally. I have no one to turn to. Lost everything 7 years ago in a fire by arson. Was getting back on our feet and then lost our jobs. I am not saying I don't owe this, I do. I just can't afford what they want and this thing hanging over my head is driving me crazy. I am actually having health problems which is probably a result of all of this. And of course, no medical insurance, so no doctor. Sorry, to much info. I just would really like to know if they can come to my door and take my home. Thanks to all of you who has given me your advice and sorry if I sounded rude by saying no one responded. Again, it's my nerves I'm sure.

[stomper12000]

Sorry for posting in the wrong area. Not being computor literate, I did not com across the surijuris web site till now. I like the free aspect of the site. also, even though I paid $ with that other outfit, I'm 100% effective with what I'm doing. I'm even more impressed with the brainstorming that goes on here and I will add to my knowledge. I will not compare the two but I will not go without the two either. Thank you for welcoming me to the site.

[jeffmar10]

Originally Posted by ksj12345

How do I go about getting a copy of the court file? Sorry to sound so stupid but this is all new to me. All I know is I tried working out a deal with the credit card company and they didn't care. Turned it over to someone that I don't believe was W&A but they have it. Went on a payment plan, called the day I was suppose to and the person I dealt with was not there. Never returned my call. Still making the payments. Wake up one day being served that I was being sued. Couldn't get to the court house for my life. They got the judgment against me. I can't find anything for my state about a sheriff sale. Someone sent me a link for homestead exemption but I didn't get that either. I am not that stupid by no means, I think it is all the stress. If I lose this home I am homeless, literally. I have no one to turn to. Lost everything 7 years ago in a fire by arson. Was getting back on our feet and then lost our jobs. I am not saying I don't owe this, I do. I just can't afford what they want and this thing hanging over my head is driving me crazy. I am actually having health problems which is probably a result of all of this. And of course, no medical insurance, so no doctor. Sorry, to much info. I just would really like to know if they can come to my door and take my home. Thanks to all of you who has given me your advice and sorry if I sounded rude by saying no one responded. Again, it's my nerves I'm sure.

OK, first slow down, God is still in control.
You'll have to forgive me for assuming to much, I've been fighting the gov. since 1984, and sometimes take for granted to much.

First: On the summons (the paper they served you) their will be a number, usually in the upper right corner. It will detail the court, the year, and the numerical filling of the case. Depending on the state the year of the filing can be two or four digits. The court it is held in is usually two alpha letters, and the filling number is from three to five digits. This is for county court filings. This is probably where you were sued. I don't know what state you are from, but I am sure someone from this form can further assist you, if someone hails from your state.

Second: You can most likely look up the county clerks office in the phone book (the county where you are domicile). Also across the top of the summons it will state the county court where it was filed. Give them a call to find out where they are located (the county clerks office that is). You will have to go there (not unless you can look at the filings on line, again you will have more success if you can find someone to help you from your state). Ask one of the clerks where you can look at the cases at. Don't forget to write the number of the filing down (as explained above). If they have a default judgement against you, then there probably isn't that much in your file. You might consider paying for a copy of the complete record. (It doesn't need to be certified copies, although it wouldn't hurt). It will cost more for certified copies.

Third: Look at the evidence, chances are there isn't any. Try and get a copy of your court rules, and pay special attention to the sections on evidence. The only one that can enter evidence into court is what is known as a competent fact witness. It has to be a person who has first hand knowledge of the events. This should be enough to keep you busy for a while.

This is not legal advice just another avenue for your mind.

[masterduke]

I believe you can appeal the judgemnet, a motion to set aside summery
judgement or somthing like that. It is very frighting when this first happens.
Did this judgement result from "binding arbritration" or a summons and complaint? if its the arbritration ruling then you have only 90 days to file an
"objection to the arbritration ruling" in the "federal district court" not your local district court or at day 91 to 100 the skunks will be in court getting the summery judgement to enforce collection and you will have no legal recourse to stop it as all your rights are effectivaly "waived"
Go to your local law library and find your states civil rules. Learn about motions and forms and discovery and appeal procedures cause you have to get that overturned or set aside to get any traction. do not trust anyone who claims they have the magic bullet for x amount of $$ ( i have learned the hard way)
Wolpoff is the scum of the earth. We are battling them ourselves, and their used to bulldozing everyone cause the whole thing is scam and the judge is an intregal part of the fraud. The real story is just how cookie cutter, same old boiler plate crap, case after case it really is. The lawyers who practice this type of law are the bottom of the barrel, either new attorneys or drunk losers or both, (very much akin of the bankruptcy attorney style of loser. Paper filers, forms, etc.) They can be defeated All wolpof bought was a charged off cc account. all the recievables that were ever paid into the account were taken and "sold" as a recievable to the trust enitity. That the cc bank is only a "servicer" of said trust
Its not just an "account stated" recent case law in mich has ruled that its the "substance" that is to be looked at and considered
They have, with their crooks in black robes, been able to successfully turn the laws around to place the "burden of Proof" on the defendant. All they have to say is you owe and its up to you to mount a affirmative defense to prove you don't ( well Guess what? you don't owe them anything)

[iamfreeru2]

Originally Posted by ksj12345

How do I go about getting a copy of the court file? Sorry to sound so stupid but this is all new to me. All I know is I tried working out a deal with the credit card company and they didn't care. Turned it over to someone that I don't believe was W&A but they have it. Went on a payment plan, called the day I was suppose to and the person I dealt with was not there. Never returned my call. Still making the payments. Wake up one day being served that I was being sued. Couldn't get to the court house for my life. They got the judgment against me. I can't find anything for my state about a sheriff sale. Someone sent me a link for homestead exemption but I didn't get that either. I am not that stupid by no means, I think it is all the stress. If I lose this home I am homeless, literally. I have no one to turn to. Lost everything 7 years ago in a fire by arson. Was getting back on our feet and then lost our jobs. I am not saying I don't owe this, I do. I just can't afford what they want and this thing hanging over my head is driving me crazy. I am actually having health problems which is probably a result of all of this. And of course, no medical insurance, so no doctor. Sorry, to much info. I just would really like to know if they can come to my door and take my home. Thanks to all of you who has given me your advice and sorry if I sounded rude by saying no one responded. Again, it's my nerves I'm sure.

If you PM me with your email address I will email you material that has helped me tremendously with my case regarding the suit that Discover Bank brought. It is Cornforth's "Beating up on debt collectors" and is a great resource. It will help you to fomulate an appeal or even motion to vacate a void judgment. As soon as I get your PM with your email I will fire it off to you.

All I know is I was awaken one morning with a someone at my door giving me papers saying I was being sued. I had ten days to respond in writing at the court house. I had no way there. Next thing I know I get these other papers in the mail saying that the judgment was ordered against me. Whenever I would get something in the mail from them about this debt, it had no where on there who the credit card company was. When speaking to them about a payment plan, they were talking as if the judgment was already placed against me even though it had not been yet. So, if they don't have anyone as a witness to this how did they do this? Oh, I'm in Pennsylvania. One other thing, 2 actually, can they force me to sell my home? and if I wanted to sell my home or car can I still do that since there is a judgment against me? Thanks.

[iamfreeru2]

Originally Posted by ksj12345

All I know is I was awaken one morning with a someone at my door giving me papers saying I was being sued. I had ten days to respond in writing at the court house. I had no way there. Next thing I know I get these other papers in the mail saying that the judgment was ordered against me. Whenever I would get something in the mail from them about this debt, it had no where on there who the credit card company was. When speaking to them about a payment plan, they were talking as if the judgment was already placed against me even though it had not been yet. So, if they don't have anyone as a witness to this how did they do this? Oh, I'm in Pennsylvania. One other thing, 2 actually, can they force me to sell my home? and if I wanted to sell my home or car can I still do that since there is a judgment against me? Thanks.

Before they can actually collect on the judgment there must be a second proceeding. I copied the following from Cornforth's material:

After judgment is rendered, there must always be a second proceeding in rem for collection. Even though in rem proceedings have been simplified in most jurisdictions, don’t count on attorneys knowing how to file an in rem petition. Also, executions must be bonded: this means, if they are going to take your property in satisfaction of judgment, in addition to following the proper procedure for proceeding in rem the judgment creditor must post bond before taking property to satisfy the judgment.

What if they get an arbitration award against you? Remember they still have to proceed in rem otherwise known as “domestication” of the judgment. When they sue for domestication of their judgment, file a motion for summary judgment against them as follows:

You need the material from Cornforth. I believe his material regarding debt collectors is very good. All is not lost if you act and you may be able to turn this around in your favor. Send me your email address in a PM and I will get to you ASAP.

just a technicality I suppose, but the Appellant in this case was not the Defendant. The Gas Company brought the original complaint, won that case, and appealed to get 18% instead of only the allowable 6%... only the relevant part is quoted below.

[quote=Livefire]Hi there KSJ and welcome to the board!

Some of us work LONG hours here! Anyway, read this PA court case concerning an appeal by a defendant over the interest charged by the utility company after they obtained a judgment against him... I would use this as ammo in any PA court.....

J. A29009/02
2002 PA Super 338
EQUITABLE GAS COMPANY,
:
IN THE SUPERIOR COURT OF
:
PENNSYLVANIA
:
Appellant
:
v.
:
:
BETTY F. WADE,
:
:
Appellee
:
No. 183 WDA 2002
Appeal from the Judgment entered on
December 31, 2001, in the Court of Common Pleas of Allegheny
County, Civil Division, at No. AR00-7958.
BEFORE: LALLY-GREEN, BENDER, and GRACI, JJ.
OPINION BY LALLY-GREEN, J.:
Filed: October 31, 2002
¶1
Appellant, Equitable Gas Company, appeals from the judgment
entered on December 31, 2001, following a non-jury verdict in Appellant's
favor. Appellant challenges the trial court's ruling on post-judgment
interest. We affirm.
¶2
The factual and procedural history of the case is as follows. Appellant
is a public utility supplying gas to customers in the Pittsburgh area.
Defendant/Appellee, Betty F. Wade, is a customer of Appellant. On
December 20, 2000, Appellant filed a complaint alleging that as of December
4, 2000, Wade owed $5,992.43 in overdue gas bills. Appellant sought
judgment in the amount of $5,992.43, plus pre-judgment interest, plus
post-judgment interest at the rate of 18%.
¶3
The legal rate of post-judgment interest is 6% per year, pursuant to
42 Pa.C.S.A. § 8101. Appellant contended that 18% post-judgment interest
blah blah blah

[Livefire]

the fact remains that the statutory 6% rate prevailed over 18% allowed by Section 56 of the PA code, since the matter was adjudicated at law.