Hi all -- I was unable to search in the forum so I do apologize if I am repeating something that's been addressed. I'm about to fax a notice of intent to file a lawsuit and I have a few questions but a little background ... I issued three separate letters to this particular law firm demanding proof, received nothing. In Sept., they filed a judgment against me which is now sitting on my CR. 1. Is it reasonable to ask them to remove it within 72 hours, or does removing a judgment even if they wanted to - doesn't happen that fast for anyone? 2. I WILL be strolling into court to file to collect my 1K per violation the 9 A.M. after the time frame I give them, but must I use the same district court in which they filed the judgment? Thanks a lot for any help you can provide. BTW, I'm in New York.
Did you receive a summons for the hearing? Did you file an answer with the court? The law firm didn't put the judgment on your report - it is a matter of public record. The cr's use services that pick these up. We need more details.
Thanks for responding jlynn -- The original debt ($1542.00) was from a community college. The debt was pardoned IN FULL due to extenuating circumstances (I have letter of proof). The community college had this law office attempting to collect. I called them to let them know that they should get in contact with the college because I don't owe it. I then received two letters of proof from the college, however the first indicated THE WRONG SEMESTER and apparently, this law firm couldn't be bothered to remain in communication enough to realize this. Again, I have since received another letter pardoning it, indicating the CORRECT semester. The law firm, however, stayed their course. The summons was received at my former address by a family member. I immediately composed a letter to them and faxed w/fax confirmation that they needed to stop contacting me except to provide proof. They simply mailed a 'please contact us' letter the very next day. I then faxed and CRRR another letter reminding them of their obligation to provide proof. They ignored that completely and 15 days later the judgment had been entered. I then received a 'come on in let's settle this debt' kind of letter ... Thanks again for your help.
Why the hell didn't you go to court and show the judge the letter? Lemme tell ya validation WON'T stop a lawsuit. If you think it will your gonna get STEAMROLLERED!!! You blew a court date, now you lost by default. Bout the only thing you can do now is motion to vacate based on improper service.
Wellll, that would have been a possibility if I were anywhere near my former address. Let's recap however. I am not entitled to challenge this law firm that they never provided me proof simply because I didn't file an answer with the court/appear and show the judge the debt had been pardoned? On what grounds was I not served properly? Because that was no longer my address, correct? When I file with the court saying so (that I was not properly served) what sort of proof do they ask that the address isn't yours? My driver's license has that address. However, I've been living elsewhere w/the mail, etc. to prove it. Thanks.
If your not able to get the judgment vacated you might be able to attack it another way. I'm not really for sure how it works, but I think they call it a collateral attack. collateral attack n. a legal action to challenge a ruling in another case. For example, Joe Parenti has been ordered to pay child support in a divorce case, but he then files another lawsuit trying to prove a claim that he is not the father of the child. A "direct attack" would have been to raise the issue of paternity in the divorce action. Basically you would sue the law firm for willfully and maliciously continuing to proceed with getting a default judgment after being presented with evidence that the amount they are trying to collect on is not valid.
OK, but the collateral attack seems like something I wouldn't be able to handle on my own ... In NYS, do you know what the time limit is for getting it vacated from the orignal date of service/court date? Essentially, if it is vacated, once it's vacated, then the law firm still has another opportunity to bring it back to court if I am served properly, right? Then at that time, I would appear, and present the evidence to the judge? How long does it take for this type of thing to be removed from a report? Thanks, again!
You need to talk to an attorney. Dixie was right, you did "respond" to the summons, and depending on state law, you may have been properly served.
I wanted to bump this to try and get the questions that I posed above answered, specifically, if I am successful at getting it vacated based on improper service, when the attorney is presented with it again and we all show up, and I present my evidence that I never owed it in the first place, can it be "tossed out"? Or, once it's vacated, may I request validation/discovery, and for the discovery is that a process that I can handle on my own? TIA.
1* once it's vacated, may I request validation/discovery, and for the discovery 2*I wanted to bump this to try and get the questions that I posed above answered, specifically, 3*if I am successful at getting it vacated based on improper service, 4* when the attorney is presented with it again . 5*When I present my evidence that I never owed it in the first place, can it be "tossed out"? madamewalk *************************** 1*Once its vacated if that's the end of it why would you need to I request validation or discovery? 2* 3* 4*Why would the lawyer be presented with it again? 5*I certainly would think so.
