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Old 11-08-2005, 11:46 AM
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dalrex dalrex is offline
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Summary Judgement

I figured this post should be here...
I recently had a summary judgement against me for a Credit Card. I didn't go to court to fight this because I wanted to tackle it a different way. I went to the courthouse to review the case file. The judgement (order) was only a photocopy! Doesn't it need to be an original with ink signature? Anyways... I stamped above the judges signature:

ACCEPTED FOR VALUE AND RETURNED
FOR VALUE AND SETOFF AGAINST
CREDIT-EXEMPTION #xxxxxxxxx
FOR SETTLEMENT AND CLOSURE OF
THIS ACCOUNTING. Date: _____________
By:________________________________
Authorized Representative

Now I will go get a certified copy of this. Next step will be to send a NOTICE OF SETTLEMENT via registered mail to the Court House to add to the file.
My question is: Could anyone recommend the proper wording for this NOTICE? I believe UCC 3-311 should be in there somewhere...

Thanx,
Dale
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Old 11-08-2005, 03:33 PM
PJT04
 
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Quote:
Originally Posted by dalrex
I figured this post should be here...
I recently had a summary judgement against me for a Credit Card. I didn't go to court to fight this because I wanted to tackle it a different way. I went to the courthouse to review the case file. The judgement (order) was only a photocopy! Doesn't it need to be an original with ink signature? Anyways... I stamped above the judges signature:

ACCEPTED FOR VALUE AND RETURNED
FOR VALUE AND SETOFF AGAINST
CREDIT-EXEMPTION #xxxxxxxxx
FOR SETTLEMENT AND CLOSURE OF
THIS ACCOUNTING. Date: _____________
By:________________________________
Authorized Representative

Now I will go get a certified copy of this. Next step will be to send a NOTICE OF SETTLEMENT via registered mail to the Court House to add to the file.
My question is: Could anyone recommend the proper wording for this NOTICE? I believe UCC 3-311 should be in there somewhere...

Thanx,
Dale


DOES ANY OF THIS A4V STUFF WORK? WHAT DID THE COURT CLERK SAY AFTER YOU STAMPED THE ORDER?
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Old 11-08-2005, 05:20 PM
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dalrex dalrex is offline
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Quote:
Originally Posted by PJT04
DOES ANY OF THIS A4V STUFF WORK? WHAT DID THE COURT CLERK SAY AFTER YOU STAMPED THE ORDER?

I took the file to a table in the corner to review it, that is when I stamped it. Then I just returned the file and left. I was advised not to get the certified copy at the same time, as to not ruffle any feathers. I will be going down to get the certified copy tomorrow. I will ask why the original is not there as well.
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Old 11-10-2005, 01:40 PM
PJT04
 
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Quote:
Originally Posted by dalrex
I took the file to a table in the corner to review it, that is when I stamped it. Then I just returned the file and left. I was advised not to get the certified copy at the same time, as to not ruffle any feathers. I will be going down to get the certified copy tomorrow. I will ask why the original is not there as well.

GOOD LUCK. LET ME KNOW HOW THIS TURNS OUT.

IF YOU'RE REFERING TO THE ORIGINAL JUDGMENT, MOST LIKELY YOU'LL NEVER SEE IT. THESE ORDERS ARE DOCUMENTS PREPARED BY THE OPPOSING ATTORNEY AND THE ADMIN. JUDGE JUST SIGNS THEM WITHOUT READING THEM.

EXPLAIN TO ME THE ADVANTAGE OF ATTACKING THE PROBLEM AFTER THE JUDGMENTS HAS BEEN ISSUED. DID YOU EVEN RESPOND TO THE ORIGINAL PETITION?
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Old 11-10-2005, 02:11 PM
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dalrex dalrex is offline
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The photocopy that I had stamped was the disposition sheet, not the judgement. The Judgement is original, but is only stamped, w/ a seal, by one of the Registrars. So I need to go back and stamps that, as well as the bogus garnishment. Then, of course, I will need to get certified copies of those later. At the same time, I will be sending a registered letter to the lawyer on the other end. Since I have no paperwork proving who he is or if he actually represents the Alleged Plaintiff, I am requesting that he prove everything in writing (certified proof) within 10 days. This will all be sent through a notary acceptor. I still need to tweek my letter a bit, but I doubt he will respond... then I will "notice of non-response" him, and start some more fun
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