Re: Help please....judgement, valid Got a copy of HUD closing statement. Montgomery Wards is right on there as paid. The numbers don't match up to their accounting. Title company paid out $210.00 and they claim $676.00. Called the title co. first thing this morning, got the lady who actually closed this loan, she is now upper management. She made a bunch of phone calls on this account. They no longer have the check, they get all of their checks from the bank and destroy after 7 years. She even checked to see if anything was still open on the account, all checks were cashed. She is sending me a letter that states all accounts were paid in full and that the account is closed as everything is paid. Question, should I contact the attorney again and send him proof of this closing statement? If so, what to tell him when he states that the numbers don't match up?
Re: Help please....judgement, valid There should be records through the court that the judgement was satisfied. Do you have papers on the sale of the hous?. This should also show who received payment from sale of house.
Sassyinaz, WhyChat, legal minds.... Should I just go after a motion to vacate, instead of trying to deal with this attorney? My ideas on this, please correct if wrong: 1. Never served, affidavit from who I was living with at time of service. 2. Closing statement from title company showing Wards as paid, but not the amount they are claiming. 3. Judgment papers state 18% interest rate, allowable in Oregon is 9%. 4. Letter from closing agent stating that everything was paid off and account closed. 5. Attorney can provide no validation on this account, nothing exists except for affidavit from GE Capital that I supposedly owe this money. Anything I forgot, ideas? Thanks so much!!
Re: Sassyinaz, WhyChat, legal minds Not yet, but working on it. Thanks for asking. I now have the closing statement from HUD, and a letter from the title company stating that everything was paid in full and account closed. Lawyer wants copy of closing statement, but states that they have had other problems with title companies paying incorrect parties, so he's trying to use that against me. Saga continues, decided that I'm really tired of this lawyer trying to dictate my life and checking accounts. Time for me to get proactive, I'm not taking his crap anymore and going to file a motion to vacate. Again, thanks for asking.
Re: Sassyinaz, WhyChat, legal minds.... Are you talking pre-judgment interest or post-judgment interest? according to this:http://www.amre.com/content/rl/postjudgeinterest.pdf post-judgment interest is 9% or rate provided in the contract, if higher than 9%. pre-judgment interest is 9% or rate agreed on by parties. You've done some great research
Re: Sassyinaz, WhyChat, legal minds I would try to get it vacated because you weren't living there when the papers were served. They didn't care that the person wasn't your roommate at that time, they just wanted to be able to say they served you at your last known address. Get something, anything, that provides proof that you didn't live at that address and file the motion to vacate. Maybe you'll get lucky. Certainly nothing to lose.
