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Discussion in 'Credit Talk' started by phxbbw6ft1, Nov 1, 2001.
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That is of course, up to you.
I've never heard of Lex or any other credit repair company who did or could tell you how to go to court and get the judgment voided and removed from the court records. in order to do that you have to go to the courthouse and get a copy of the court proceedings from the county clerk's office and look them over and see if you can find any documents in the folder which are labelled or called "affidavit". There are several different kinds of affidavits that might be present. Affidavit of service of summons, Affidavit of publication, Affidavit of Appraisal and many more far too numerous to mention here. An Affidavit is nothing more than somebody's sworn statement under oath that they did something. It's also a sworn statement in lieu of testimony. so affidavits can be used for many things, but they always make some kind of statement before the court. There also has to be some solid proof of the debt. A simple contract that you may have signed is not necessarily proof of the debt. It is merely evidence that a debt might be owed or might have been owed at one time. So there has to be either a sworn statement of how much you owed at the time of the trial and usually some kind of itemized paperwork trail showing the history of payments you made, any late fees, interest charges, that kind of thing that caused you to owe the amount claimed in the judgment. If all of those things are not present then the judgment is void upon it's face and all you have to do is to prepare a simple motion to vacate void judgment and take it down to the court and file it with the court and ask them to set a date for a court hearing at which time you can basically go down to court and say "Hey Judge! This judgment is null and void upon it's face because there was no proof before the court which would have given the court jurisdiction upon which to have issued judgment against me." If there was no testimony nor affidavit proving the debt the judge will have no choice but to grant your motion to vacate the judgment. Poof! It's gone.
And yes, I know that it's not quite all that easy to do as I made sound above, but it's almost that easy to get judgments removed, even years after they were adjudged against you, even after you have already paid them off. Makes no difference when you fing out that the courts have violated your rights, you can always go back and reclaim your rights and often can then proceed to court yet another time and demand that they pay you for our grief and misery and anxiety during the course of the time. I help lots of people get judgments reversed and I do it for free because I'm not an attorney. I'd be breaking the law if I did charge them to show them what's wrong with the judgment and how to get the dang thing voided. I don't fix up any motions, pleadings or any of that for anybody either because I'm not a lawyer. But it's pretty simple to show them papers that lawyers have prepared to do what needs to be done and then they can usually just copy what the lawyer did, change the name of the court and put their names in the place of the the other fellow's name and go down to the court and file the papers and do the job yourself. Kinda like filling in the blanks on a credit applicaton. Most judgments can be overturned because lawyers seem to think they can "get away with murdder" and don't really have to follow the rules. And they can get away with it too.
They do it thousands of times a day in just about every courthouse in America. And the courts make it easy for them to do. And that's another reason why I do it for folks for free. It just burns me up to think that people who are supposed to be professionals will use their licenses or authority to run over the little guy and stomp him into the ground like he was some worthless worm under their jackboot heels. And when professionals prey on the fear and ignorance of the people, that's exactly what they are, Little more than Jackbooted thugs, thieves, liars and hypocrits.
And then to realize that these so called credit repair companies are actually getting paid good money to send round after round of letters to the credit bureaus trying to convince them that the truth is a lie and a lie is the truth until the credit bureaus take a few of their negative reports off just because they don't have time to verify the listing or because the listing was in error in the first place or the creditor was too busy to answer the credit bureau in a timely manner should tell just about anybody that going to a credit repair company is a rip-off and even more so when you can do that much for yourself for free. And they never tell you that they only get about 40 to 50 percent of the derogatory stuff off in the first place. Just the easy stuff you could have done yourself for free. The credit bureaus themselves even tell you how to do that for yourself. If credit repair places wanted to do anything but play games, they would go make them prove you actually did owe the debt and if they could not prove you owed them money and how much make them take it off and if they didn't want to do that, provide the customer with a few names of attorneys who would make them do it and the attorney would not charge them anything for his services either until he had the job done.
That's called taking a case on a "fee contingency basis" which means that if the attorney don't win the case you don't owe him anything. And the credit repair company and the attorneys they recommend to you should not be in cahoots and the credit repair company getting a kickback or commission from the attorney or charging you part of the settlement money either.
So you can either do it yourself for free or if you don't have the time or the inclination to learn how do the job right then at least don't hire some rip off artist. If you need or just want professional help with your problems, just look around the board's old posts and I'm quite sure you can find somebody to help you without too much trouble.
Have a nice day.