judgment help

Trying to void a judgment but keep running into wall. Plaintiff signed a fill in the blank complaint and put a copy of the promissary note on file. It's way too late to appeal. Anyone have anymore ideas on how I might be able to void this judgment? Going tommorrow to see if the magistate's oath is filed at the courthouse, though, some have told me this no longer works, PLUS I can't find North Carolina law that say they must <U>file </U>their oath of office.& Thanks in advance

[Ice]

You need to give more detail.


What PN did he file with the complaint?... did he include the rest of the paperwork?... did you answer the initial complaint?...


Come on... how could he get a judgment without you being notified of a hearing?& If there was a hearing -- what happened?


MORE DETAILS PLEASE.


&

Sorry Ice. Yes, we have gone in front of magistrate and he got a judgment point blank. I&AFV the PN(my copy)&along with the summons and his complaint and returned to him certified mail. I also caught up my late fee payments past the original court date for the privledge of paying late, trying to get myself back in honor. Along with the payments I offered him a dollar money order in exchange for closure of the account if he failed to make a claim within three days (idea given from another forum). Went to court, he admitted getting the payments but stated he was refusing them. I then offered to give him the car back for all my money back, he refused. The magisrtrate asked him "Why don't you try to repo the vehicle and come backand get a judgment" -- continue case.& The car lot owner then blocked me in parking lot against my will and pretty much forced me to hand the keys over.( more like I just got tired of the whole ordeal. This man then called my insurance company and made a false claim which they paid him $500. The whole thing started by him taking advantage of my situation I explained to him when I first got the vehicle. He claimed he would work with me as long as I called, but to me it just seemed like he wanted my down payment and the car and to sue me for the balance of the note. Alot more has happened but this is the basis of it.

I am assuming by your post that you are dealing with the original creditor?


Either way, you should go into the downloads section of this site and download the book call "Secrets of the Legal System".& This is your best bet to get a judgement voided.& If it is voided then it is so since the beginning.&


Since this is a secured transaction you have a lot of work ahead of you.& I don't know how reposessions work but it is my understanding that you still have to pay the debt.& If that is the case I would start by asking them to verify the debt.


As a matter of fact, in a situation like this I would probably go with Jerseee's way of doing things and use the Credit Reporting Agencies.& There is a lot of discussion on that it the old threads.


I hope some of this helps.& Like I said, I don't know much about reposessions, however, I do know a bit about judgments since I am fighting a couple of them myself rightnow.


Later.

[Jerseee]

bjclemprdt,


from what I gather from your post--you are in dishonor and you may remain there because you are dealing with a creditor who gave you something of value for something of value.


the original creditor did not take your application and covert it into a negotiable instrument.& what you have my firend is a binding agreement between 2 sovereigns.& According to your post there is no 3rd party who acted as your fudiciary.& the lot owner even made arrangements with you.& i am afraid you may lose this one--if I am reading your post correctly.& But I have nothing to offer in this situation except this....you may want to teach the dealer how he/she can covnert the CPN into a negotiable instrument so that he may get your credit.


this process I am not sure of but, instead of arguing--why not work together to resolve the issue and learn something in the process?


good luck

Jerseee, thanks for reply. Yeah, it seems that there is no way to win this.& Teaching him would be an option, if I knew enough about negotiable instruments. On the other hand, we're really not on talking terms. I feel like he did me dirty. I offered to settle on more than one occasion but he seemed to want to step on me instead. If I breached the contract, he did too. Verbal contracts aren't enforcable in N.c.& Anyway, looking into what Montana suggested trying to download these&big slow&files. Thanks Again.