Judgement Question

You need to have the judgment vacated.

Read your Rules of Civil Procedure.

 

You need to opt out from Lexis Nexis and then challenge the tradeline. Moreover, and as Enigma advised, Move to Vacate the judgment.

 

In your workout plan, does it specifically say that Ford or the judgment creditor can debit the outstanding balance if you miss a payment?

If not, have your bank reverse the ACH debit and file a police report for grand theft, wire fraud. But first I'd call Ford and advise that unless they credit your bank account within 48 hours you will take the aforementioned steps.

 

If the debtor missed a payment under the payment plan, and there is a court awarded judgment on file, then they are allowed under the judgment to seize the funds in the account (providing they filed the proper bank garnishment forms), and order them in to payoff the judgment. If that has been done, then the attorneys will file a satisfaction of judgment, or something similiar. It's unlikely they will vacate the judgment, but satisfy it.

 

The check the case file to ensure there was a Writ of Garnishment.

 

How do you Vacate a Judgment?

Hello Everyone, I have a similar situation, however I am not familiar with the term of "vacating" a judgment. What does it mean to "vacate" the judgment? More importantly, what is the process of vacating a judgment?

Thanks,
Greatlife

 

Vacating a judgment isn't the easiest thing in the universe to accomplish. Fact is that in most instances getting a judge to vacate (overturn) his own decree is quite impossible despite the claims of many web sites to be found all over the internet. There are valid reasons to attempt to get a judgment vacated but in order to be successful the motion to vacate must follow the guidelines set out in Federal Rules of Procedure 56 through Rule 62.

If you want to understand Rule 56 and if you want to understand the rest there are NEXT links to lead you to the next rule. Although only a synopsis, the general idea is that the defendant must prove that the court had no jurisdiction or that new evidence has been discovered that would have changed the outcome if it had been known at the time or that some judicial error had occurred.

In order to find out whether or not the court had jurisdiction one must understand the 7 elements of jurisdiction which are as follows:
ELEMENT 1. The accused must be properly identified; identified in such a fashion that there is no room for mistaken identity. The individual must be singled out from all others; otherwise, anyone could be subject to arrest and trial without benefit of "wrong party" defense. Almost always the means of identification is a person's proper name, BUT, any means of identification is equally valid if said means differentiates the accused without doubt.

ELEMENT 2. The statute of offense must be identified by its proper or common name. A number is insufficient. Today, a citizen may stand in jeopardy of criminal sanctions for alleged violation of statutes, regulations, or even low-level bureaucratic orders (example: Colorado National Monument Superintendent's Orders regarding an unleashed dog, or a dog defecating on a trail). If a number were to be deemed sufficient, government could bring new and different charges at any time by alleging clerical error. ("I'm sorry, your Honor. I assumed that the regulation indicated by that number was a legitimate statute. My secretary must have made an error.&quot For any act to be triable as an offense, it must be declared to be a crime.

ELEMENT 3. The acts of alleged offense must be described in non-prejudicial language and detail so as to enable a person of average intelligence to understand the nature of the charge (to enable preparation of defense); the actual act or acts constituting the offense complained of. The charge must not be described by parroting the statute; nor by the language of same. The naming of the acts of the offense describe a specific offense whereas the verbiage of a statute describes only a general class of offense. Facts must be stated. Conclusions cannot be considered in the determination of probable cause.

ELEMENT 4. The accuser must be named. He may be an officer or a third party. Some positively identifiable person (human being) must accuse. Some certain person must take responsibility for the making of the accusation, not an agency or an institution. This is the only valid means by which a citizen may begin to face his accuser. Also, the injured party (corpus delicti) must make the accusation. Hearsay evidence may not be provided. Anyone else testifying that he heard that another party was injured does not qualify as direct evidence

ELEMENT 5. The accusation must be made under penalty of perjury. If perjury cannot reach the accuser, there is no accusation. Otherwise, anyone may accuse another falsely without risk.

ELEMENT 6. To comply with the five elements above, that is for the accusation to be valid, the accused must be accorded due process. Accuser must have complied with law, procedure and form in bringing the charge. This includes court-determined probable cause, summons and notice procedure. If lawful process may be abrogated in placing a citizen in jeopardy, then any means may be utilized to deprive a man of his freedom. All political dissent may be stifled by utilization of defective process.

ELEMENT 7. The court must be one of competent jurisdiction. To have valid process, the tribunal must be a creature of its constitution, in accord with the law of its creation, i.e. (Article III judge). Without the limiting factor of a court of competent jurisdiction, all citizens would be in jeopardy of loss of liberty being imposed at any bureaucrat's whim. It is conceivable that the procedure could devolve to one in which the accuser, the trier of facts, and the executioner would all be one and the same.

So yes, it is conceivable that almost any judgment can be overturned (vacated) provided you know the law and what it's requirements are, be able to spot the failings or errors of the court or the plaintiff's attorney and know how to properly proceed to get the job done. Not an easy task by any means. Another requirement is that you must have the funds available to carry it out because you could get into some really horrible legal battles, have to carry it out via appellate and maybe even supreme courts. That's the hard way to do it and easily ends up being extremely expensive as well. Even with the necessary cash and legal talent you could easily lose in the end.

So why go through all of that when there is another way to go that is much, much easier and almost guarantees a win? How about a way to win that has a provable history of over 28,000 cases filed against debt collectors with a 98% success rate for the consumer plaintiff? I don't know about you but I'd take those odds any day and it all starts with a simple letter known as a validation letter sent to the debt collector via certified mail return receipt requested.

So if it is so simple then why do the majority of people lose in local courts? The answer is simple and that is because the only question before the court is whether or not the defendant owes the debt and if not then why not. Of course, the obverse of that coin is why do the majority of people win in fedeal courts? The answer is equally simple. The reason is that the only question before the federal court is whether or not the defendant broke the law. Nothing else matters in either court.

 

I have a similar question, however it is regarding a judgement that was filed against me by an apartment complex for late rent. My rent was paid in full and I satisfied my lease contract, but the apt manager never dismissed the court hearing. I obviously didn't show up to court, since the balance was paid and now I have a judgement for $990 on my credit. I recently contacted the apt complex and spoke with a new manager who faxed me a copy of my payment history which indicates no monies owed. What now?

 

So they filed a wrongful lawsuit on you. Another term for that might be malicious prosecution. Only problem with that is that you would have to prove that they did it with malicious intent and that would be nearly impossible to prove. Filing a wrongful lawsuit against them should give you much more than the $900 back in your pocket. If they are in your credit reports you could have thousands in damages on top of the wrongful suit damages. You don't even need a lawyer to file it for you. You can learn how to do it very quickly. I had a lady I've known for probably 10 or 15 years call me and tell me she had been sued for a credit card debt and wanted to know if I would be willing to help her. We had her response to the complaint, her certificate of mailing, her demand for admissions and a validation letter all ready to go in about 2 hours with no problem at all. I used Google Docs to do the teaching. I have a Google Docs account and it only took her about 10 minutes to set up a new email address and get her Docs account going and we were editing and talking on the phone at the same time. It was a piece of cake. She did her documents on her computer and uploaded them to Google Docs and then I could correct any small errors she made and that was about all it took.

 

Is that the next step in judgement removal? Is judgement removal (in my case) even possible? I found somewhere on the internet that I could right a letter of validation to the courts and if they don't respond in 30 days the judgement is vacated. Is that true?

Cap1sucks-
From your previous response, I don't understand Google Docs. Can you help me with that?

 

It is possible but the chances of success are somewhere around 1 percent. Not good. Probably won't happen in actual practice.

It is almost self explanitory. You need a gmail address and once you have that you simply go to Google Docs and sign up for an account. Then you can create a new document and start filling in whatever you want to create.