Re: Help please....judgement, valid LB 59, Did I miss something obvious? I'm not certain what you are referring to as CAMCO. Are they somehow tied in with GE Capital Credit? If I am being dense, please excuse me, today is a dealing with migraine and this judgment issue driving me nuts day. Thank you for your continued involvement and advice on this issue. It is appreciated.
Re: Help please....judgement, valid herauntsis | 90 posts since Aug 2002 66.27.154.239 | 09.23.2002 @ 13:16 You wouldn't happen to still have the closing papers from when you sold the house, do you? Your HUD-1 (closing statement) should show all debts that were paid out of the proceeds from the sale. That might work as proof that Monkey Wards was paid in full. ``````````````````Have you checked into this yet ?
Re: Help please....judgement, valid Trying to contact them online. Long drawout procedure. I wasn't smart enough to keep anything over 7 years. We moved so much in the past 6 years that anything old was thrown out to save time packing and moving. Won't make that mistake again this time. Thanks, glad to see you're still with me.
Re: Help please....judgement, valid 1* He will not accept anything other than the front and back copies of the check payable to Monkey Wards. ***Sure he will tell you this. What he won't tell you is he don't have the final say about it. 2* There are no lawyers here that will even take the case, their only recourse given is to file bankruptcy, which I will not do. 3 of them have told me just to bite the bullet and pay this off. And all of them have told me to produce the check. ***BK over a 2800 dollar debt and add the Bk. to the Judgment already on your reports.Now that's real smart isn't it? With this kind of advice from them you ought to rejoice they won't take the case! 3*I also think it is the lawyers and OC's problem to produce evidence that I indeed owe this debt. I would love it if someone could tell me for sure that I can request validation and that it might at least put this on hold for a bit to let me get some ducks in a row. ***We have a judgment but there is no evidence or documentation to substantiate the debt or support the judgment. LB 59 Does anyone think that: A: I can use a letter, notarized, from a family friend, who was involved in all this, she is higher up in the title company and had some dealings with the payout, to take to the judge as proof? a*Worth a try. B: I am still friendly with the Realtor who sold this house for us, in fact, she was listed as part of the payoff for the divorce, in the same listings as all the other creditors, she re-carpeted the house and was paid off from the title company with all the other creditors? I can get a listing from the decree to all the creditors and get affidavits from all of them, as to they were all paid off. Would this help? b*Can't hurt. C: I was living with other people at the time that they supposedly made "good service" on me. Would it help to get notarized statements from them? c*good idea. D: Should I take myself off of our personal and business bank accounts for a while to protect us from garnishing my husbands pay check? d* Most Definitely.
Re: Help please....judgement, valid LB 59, What a blessing you are!! Thank you, thank you, thank you!
Re: Help please....judgement, valid 1* A*vacating the judgment due to improper service. B*Other evedince supporting your position. C*Perhaps even another court case. D*The law itself. 3*Don't know at this point but I do know you got Rail Roaded with this.
Re: Help please....judgement, valid CAMCO is not tied in with GE. They are a CA that is filing suits, using old addresses for service, and getting default judgments. They do this to trick you into not responding to the summons so they will win a judgment by default. --------------------------------------- Kinda sounds like what the CA did in your case doesn't it?
Re: Help please....judgement, valid I know the feeling. I done the same thing about 15 or twenty years ago. Wound up paying twice for the same 4500 dollar product once to the bank where i got the financing and again to the company that i purchased it from. Maybe that's why I'm so determined about this deal. I learned the hard way 1- Never throw away anything you know you will need: 2- Never throw anything away you think you won't need!
Re: Help please....judgement, valid This judgement is a lot of money, they may be room to negotiate. I realize that they are trying to garnish your wadges and you will need to speak to an attorney in order to avoid that in your area. At one time I had a doctors bill for about the same amount. I had my brother in law negotiate a settlement with the attorney. I paid the original amount plus court costs and they vacated the judgement. I even had them send me a letter verifying everything in agreement. It worked. If you can keep them from garnishing, you will have the upper hand in getting them to negotiate. You may be able to get them to settle for 70% or less and get them to vacate. Of course, I would only do this if you cant find fault in the judgement and get it vacated on your own.
Re: Help please....judgement, valid Guess I should have learned from Aunt Lillian, when she passed away, she still had about 10 pairs of the silk stockings still in the package from the war days. I think she had everything that she had ever been given or bought and the receipts. I found it quite humorous then, now I am finding a lesson in it.
Re: Help please....judgement, valid Found a good site today talking about vacating judgments. Basically that I wasn't given the chance to represent myself and that no "real" proof was brought into play in my issue. Thanks again.
Re: Help please....judgement, valid Hope this helps someone else, I'm also hoping that it helps me. Don't know how to do a link, so here's the website for do-it-yourself motion to vacate a judgment: http://www.nwjustice.org/docs/9936.html Rules for Superior Court Superior Court Civil Rules (CR) RULE 60 RELIEF FROM JUDGMENT OR ORDER (a) Clerical Mistakes. Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders. Such mistakes may be so corrected before review is accepted by an appellate court, and thereafter may be corrected pursuant to RAP 7.2(e). (b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud; etc. On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order, or proceeding for the following reasons: (1) Mistakes, inadvertence, surprise, excusable neglect or irregularity in obtaining a judgment or order; (2) For erroneous proceedings against a minor or person of unsound mind, when the condition of such defendant does not appear in the record, nor the error in the proceedings; (3) Newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under rule 59(b); (4) Fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (5) The judgment is void; (6) The judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; (7) If the defendant was served by publication, relief may be granted as prescribed in RCW 4.28.200; (8) Death of one of the parties before the judgment in the action; (9) Unavoidable casualty or misfortune preventing the party from prosecuting or defending; (10) Error in judgment shown by a minor, within 12 months after arriving at full age; or (11) Any other reason justifying relief from the operation of the judgment. The motion shall be made within a reasonable time and for reasons (1), (2) or (3) not more than 1 year after the judgment, order, or proceeding was entered or taken. If the party entitled to relief is a minor or a person of unsound mind, the motion shall be made within 1 year after the disability ceases. A motion under this section (b) does not affect the finality of the judgment or suspend its operation. (c) Other Remedies. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order, or proceeding. (d) Writs Abolished--Procedure. Writs of coram nobis, coram vobis, audita querela, and bills of review and bills in the nature of a bill of review are abolished. The procedure for obtaining any relief from a judgment shall be by motion as prescribed in these rules or by an independent action. (e) Procedure on Vacation of Judgment. (1) Motion. Application shall be made by motion filed in the cause stating the grounds upon which relief is asked, and supported by the affidavit of the applicant or his attorney setting forth a concise statement of the facts or errors upon which the motion is based, and if the moving party be a defendant, the facts constituting a defense to the action or proceeding. (2) Notice. Upon the filing of the motion and affidavit, the court shall enter an order fixing the time and place of the hearing thereof and directing all parties to the action or proceeding who may be affected thereby to appear and show cause why the relief asked for should not be granted. (3) Service. The motion, affidavit, and the order to show cause shall be served upon all parties affected in the same manner as in the case of summons in a civil action at such time before the date fixed for the hearing as the order shall provide; but in case such service cannot be made, the order shall be published in the manner and for such time as may be ordered by the court, and in such case a copy of the motion, affidavit, and order shall be mailed to such parties at their last known post office address and a copy thereof served upon the attorneys of record of such parties in such action or proceeding such time prior to the hearing as the court may direct. (4) Statutes. Except as modified by this rule, RCW 4.72.010-.090 shall remain in full force and effect.
Re: Help please....judgement, valid The last thing you need is them to get a stealth judgment against you. A stealth judgment is where a plaintiff makes no attempt or a half-ass attempt to serve you, then files suit and wins a default judgment when you fail to appear to defend yourself. Some CA's specialize in this dirty trick so that they can then use the powers granted by the judgment to garnish wages, accounts, and pressure you into a settlement. ******** Kinda sounds like this is what may have happened to you.*********** To defend yourself against this trick, make sure that the creditor knows how to get a hold of you. That way if they manage to pull off this trick, you can petition the court to have the judgment stayed or overturned based on the failure of the plaintiff to serve you. If they have your address, and you can prove it, they are going to have a hard time convincing the judge that they couldn't find you.
2*How did you prove it back then? Can't you use the same thing now that you did then? 3*How did they apply the money they took from your bank account last year to an account they have no paper work on? Where is the documentation for this?Who got that money Wards,the CA or someone else? 4*How could the date of last activity be 1993 when they took money from your bank last year? Kinda looks like that money was never applied to the account doesn't it? BUDGET HOMES CO.
Re: Help please....judgement, valid Did a lot of searching yesterday on the Oregon law sites. Found a bunch of reasons to quote when filing to vacate the judgment. Have not found anything yet on the SOL for filing to vacate. Also, upon closer reading of the orginal papers, in the statement, notorized from the litigation claims representative, quote "the balance due and owing to Montgomery Ward & Co., by the account HOLDERS on the Account as of the date herof is $676.82. I finally actually read what it said- holders, so they were admitting that this was our joint account. They kept trying to tell me that this was an individual acct.
Re: Help please....judgement, valid Contacted the lawyer today that is collecting on this, he agreed to give me a 30 day extension to get some of the paperwork together on this. Also talked to a NACA lawyer a couple of days ago, gave me some good advice regarding finding the check that paid this all off. And also advice for a motion to vacate the judgment. Thank you all for all the advice, it has been so helpful.
