The default judgments I mentioned previously on this board have been vacated. But I still have problems. The CA's attorney said that the liens were released on my accounts and all of them were not. Either way, I didn't know that the lien were released on two of them so after court, I went to my branch bank because there wasn't any info available on my checking account and my savings was in a negative balance. It ends up that the lien was released months ago and my checking went into a negative balance and the bank closed the account. Because of that, now the bank wants $3000 for me to open another checking account. Can I sue the CA for this amount? I have to go back to court anyway in September because one of the judgments was vacated "on consent" (whatever that means!) and the CA had the nerve to want to settle on it because they already had the money. I refused because the CA still hasn't proved the debt is mine. Can I amend the answer on the case to say I want to countersue?
Interesting stuff! I'm trying to inform myself about judgments. Sorry I don't know enough to offer any help.
Seems to me you would have a cause of action for FDCPA violations. The CA failed to exercise "due dilligence" when it proceeded to get a default judgment against you (I'm assuming you got it vacated on improper service). As such you suffered actual damages in the from of fees from their neglect. I'd sue them for the money you supposedly owe the bank, plus 1K in statutory damages.
It was vacated "on consent". Does that mean something? The CA at that time did not prove the debt was mine and still hasn't. Our next court date is September 24th. I assume that if they can't prove the debt by that date, the case will be dismissed. In the interim, I owe my bank $18.39 in fees because of the account going in to a negative balance. I feel I should have to put up the $3000 dollars because it is my fault what happened. Can I sue for the $3018.39 plus $1000? Since I handled the case "pro se" can I still handle it that way or should I get an attorney which I can afford because I am unemployed and have exhausted all of my unemployment benefits.
What if the bank said that they wanted $1,000,000 before they would let you open an account? Do you think you could, then, sue the CA for $1,000,018.39 plus $1,000? You can attempt to sue anybody for anything you want. But that doesn't mean you'll get it. I would be willing to bet $3,000 that you won't GET the $3,000, though. Pay the $18.39 and find another bank. Then deal with the CA for their violations (and perhaps the $18.39).
I'd need more info on the activities of the CA. I didn't see your earlier stuff (elsewhere on the board).
