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Discussion in 'Credit Talk' started by zip, Apr 20, 2001.
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Can I ask a few question? Did you use Junum? I have a public record on transunion that I want off.
no i did not use junum. i just took the advice from this board and disputed, disputed and disputed! these were paid collectons and judgement was also paid to.had to delete addresses that came with the collections and judgements.my score went from a 5 to a 35 from worthknowing even though they had not yet updated,judgement still shows.Got fico score from equifax after those deletions and score only went up 6 points.will try that one again in a few weeks.
Congratulations on your clean or nearly clean credit reports.
But how about the judgement that still remains a court record? What happens to your credit record if the holder of that judgement goes back to court and sues for garnishment?
Don't you think if might be a good idea to learn to go get that judgement actually overturned and reversed so it can't come back and hit you a hard one? Or have you already paid it off? Well, it really makes no difference that you may have paid it off, if the plaintiff's attorney made any grevious errors in his pleadings, the judgement is still reverseable on grounds of error in it's filings or pleadings or arguments. There is no statute of limitations on void judgements. If they were void upon their face, they are always void and the case is always reverseable on grounds of error. If you discover error, you get it reversed and erased and the plaintiff can never re-file nor amend.
There are many reasons for granting your motion for summary judgement based on reverseable error.
One might be lack of original or certified copy of original note or contract signed by you. Attorneys ask their clients for a copy of the original document or contract and so the creditor just whips off a copy on his office copy machine and sends it off to the attorney. The attorney files it with his motion and then gets up in court and swears that it's a true copy of the original document, which it isn't. Bingo! Two reverseable errors have been generated. Trinsey v Pagliario firmly and plainly stated that while briefs and arguments of attorneys may be enlightening to the court, they are never sufficient grounds upon which to grant relief. In no case may an attorney get up in court and testify on behalf of his client, yet they do that all the time in judgement cases.
A court case is somewhat like a 4 legged table. If one of the legs is missing, the table falls over. Additionally there are at least 18 indices which must be present to make a valid case before a court. If any are missing, there MAY be sufficient grounds for reversal. If anyone thinks that attorneys are so efficient and so perfectly trained and so attentive to the slightest details, they ought to think again. And most especially so when the attorney probably has years of experience with rubber stamp law with nobody there to defy him. He just gets lazy and the courts let them do it. Most of these judgement cases take about 10 minutes or so of court time. The lawyer gets up and makes his statement and says that there is no dispute and the Judge whips his rubber stamp on it and the lawyer goes on to his next case or out the door. Judges normally don't even look at the case. They just rubber stamp them because they have a courtroom full of such cases to greet them every morning.
That all makes it sound easy for one to go back and do what I just suggested, makes it sound like it would be about like taking candy from a baby. Such is most definitely not the case because the attorney for the plaintiff isn't very likely to let that happen. He might make make mistakes, but he isn't a fool. He knows he can go to court and file a motion to dismiss for just about whatever reason and he will do his best to badger you into dismissing your motion. But if you name him as a co-defendant in the motion, he can't do it so easily because then he must go find and probably pay for another attorney to defend his case and the original plaintiff will have to do the same because he can't use the same attorney as he did to get the judgement since that attorney is now a defendant too. And he can't use the same attorney as his first attorney because that would most likely be considered a conflict of interest by the attorney. Some attorneys may be willing to handle the case for both plaintiffs, some may not. Most likely each will get their own separate attorneys. They will go into court and dispute and at that point your motion for summary judgement will be denied and remanded for trial and you then demand trial before full jury. Then they will really start sweating because most of those kinds of attorneys don't like to argue before a jury because the jury is more likely to find for the wronged plaintiff than for the defendant.
It's a long way between the plate and the mouth in doing what I am talking about and although you can and probably would have to do it on a pro se (self attorney) basis, you would definintely want to be well prepared and you would not under any circumstances want to even think about doing it unless you had at least a 4th year law student and/or a practicing attorney to help you prepare your case and review each and every thing you will be doing to be sure you don't step off into any traps or legal pitfalls. Never take any kind of legal step without consulting professional help. It may cost you a few bucks, but it will be well worth what you spend on it even if you only find one good error.
Advice you find here on these message boards also may sound great, may even come from real professionals, but no matter how great you think the advice might be, you need to check it out for youself and be sure that it not only makes common sense and is something you can live with, but is legally correct or at least won't get you into any kind of trouble before you go do what is suggested. It's always best to be safe rather than sorry,
Take me for an example. I make lots of statements on these boards, and I may or may not know what I am saying is right.
(the reader can never be sure, can they??) so I sincerely hope that anyone who wants to use any advice I might give will use some caution and go check it out for themselves seeking the counsel of professionals if at all possible, and best of all, of those not on these message boards.
No matter how good the advice sounds, on these message boards just like in the real world, it's always a case of "Caveat Emptor" or "Let the buyer beware". Even if it's for free, if you simply accept the free advice and act upon it, then in a logical sense, "you bought it", didn't you??
Have fun, be safe.
It takes a lot of study and learning to do it, but it can be fun to do and you can win if you do it right.
I never took the time to delete addresses. I disputed the item a few weeks ago (DMV public record 12/00). I paid it in January as soon as I saw it on my report. I can still get my house with the item on my report. If it doesnot come off I will delete the address technique and then dispute again in about 3 months.
Bill the judgement was paid.
A partial oops!
Yep! Got off on a tangent there, didn't I??
Well, up to a point anyway.
It sure isn't going to go to garnishment or any other proceedings, now is it?
There may be one saving grace to my post, however, and that is that in the event she wants to get rid of the judgement, she may very well be able to do that, and in the event they won't take it off for her, then doing it forcefully by the method I talked about may end up being about the only hope one would have of getting rid of it.
Given the circumstance of it's having been paid off, it would likely be more trouble than it was worth.
Sorry about that.