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Posted: Thu Apr 14, 2005 10:01 am Subject: Motion to Vacate a default Judgement

I had reason to file this as I was blind sided with a default judgment. Here is a copy of the Motion I had to submit to have this default judgment withdrawn.

Center Township of Marion County Small Claims Court
200 East Washington Street, Suite G5
Indianapolis, IN 46204
(317) 327-5061 Fax: (317) 327-7844

Monarch Capital Corp, 251 East Ohio Street, Suite 860, Indianapolis, IN 46204,
Attorney : Bowman & Heintz,
Plaintiff,
VS.
my Name and Info

Defendant )
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) Case No.: 49K01-0411-SC-10487

MOTION TO SET DEFAULT JUDGMENT ASIDE AND STAY ENFORCEMENT OF JUDGMENT

Comes now Plaintiff in the above entitled cause, pro se, and respectfully moves the Court to set the Default judgment aside and stay enforcement of judgment for the following reasons:

ATTENTION: YOU MUST INCLUDE THE FOLLOWING

1.) Statement of not receiving notice of the hearing and:
I, [MY NAME] ., do hereby swear to the following. I never received notice of this hearing/action on the date noted in this case (First notice for claim dated 11/12-04) due to the fact I was not home and/or present in the State of Indiana. I was on a vacation at the time the requested service was delivered to my home, and upon my return did not receive and/or have available the said notice on recorded. Upon my inspection of the court records, I did recognize the description of said residence as being mine, but said notice was not attached to my door nor given to me in the case of it having fallen off said door upon my return.
This case came to my attention when I was over at my son's residence ( also Named [MY NAME], but the III) on March 27, 2005. I was visiting my grandchildren that day and as my son's girlfriend was cleaning up, she came across the �Notice Of Claim� dated 11/10/2004 that brought this case to my attention. As noted in the sworn notarized statement (see enclosure #1) from my son's girl friend, [Her NAME], they sometimes receive my Mail at their address which is just a few houses down in the Same sub-division as I live in (The Woods Of Eagle Creek), as I sometimes will receive mail that is addressed to my son. This is especially true when the said mail/correspondence is addressed to just �[MY NAME]�, �[MY NAME w/M] � and/or [MY NAME w/MN], as this is a Name in common to us both as well as my grandson who lives there also named [MY NAME], IV. I can only conjecture as to why my son did not bring this matter to my attention, but he may have looked at it quickly as it was in no envelope and a crumpled condition, thought is was pertaining to him and decided to disregard it, BUT, his decision to disregard this should in no way affect my ability to respond to this action, esp. as I did not have the opportunity by having this delivered to me properly and to my address. Also of note, upon my inspection of this court case today (4/12/05), I noticed that the second service for the �Proceedings Supplemental to Execution� dated 12/18/05 (also another time period I was on vacation and not in the State of Indiana) was noted as being delivered to a Brn Brick, Tan Trim, Brn Door, does not match any description of my house/apartment I reside in (see attached enclosure #2 for picture of front of my residence), so I feel this second service is also invalid due to this and the fact I still have not found/received any notice to appear from this document and the only copy I have seen is the one in this Court's Records.

2. Statement of your defense to the claim.
I took advantage of receiving my Free Credit Reports that recently became available to residents of Indiana on March 2, 2005. Upon inspection of two of my reports (Equifax and TransUnion) I noticed an entry by FCNB for a Credit Card charge off. As I did not remember having this credit card account, I wrote to FCNB at the addresses listed in my credit reports and including a copy of the entries FCNB had made in regards to me to these Credit Reporting Agencies (see Enclosures #3 and #4 for copies of pages from CRA sent to FCNB). I would like to submit this letter dated March 15, 2005, from Card Services of Old Bethpage, NY, (see enclosure #5), Formerly FCNB (First Consumers National Bank), informing me that they could not find/locate any account information on myself as reported to the Credit Reporting Agencies. So, therefore, my defense against this collections effort is, if the Original Creditor can not locate/account for me having any account with them, how can I be collected on against said account? Also, I do not remember ever receiving and letters of collections from Monarch Capital Corporation and/or Midland Credit in regards to this debt and allowing me to dispute this as is my right under the FDCPA (Fair Debt Collections Practices Act).

Wherefore defendant respectfully asks that the above captioned case be set aside at the Court's earliest convenience.

___________________________________
Respectfully submitted
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing has been served upon Plaintiff at 251 East Ohio Street, Suite 860, Indianapolis, IN 46204 by US First Class Certified Return Receipt Mail the 12 day of April, 2005.

[MY NAME]. Judgment Defendant must provide
[MY Address] Complete and current address.

Jerry

Posted: Thu Apr 14, 2005 12:57 pm Subject:

Thanks Jerry for this information

Roxette

Posted: Thu Apr 14, 2005 10:42 pm Subject: RE:

Hi Jerry,

Fantastic effort and a great piece of information. Very Happy

Your involvement in the forum is getting incredible every passing day. Keep it up and we hope to get many more participants like you in the near future. Smile

Cheers,
Jason

Posted: Fri Apr 15, 2005 4:23 am Subject:

Its my understanding that the judge reads my motion and makes a decision and then mails me what his decision was in the matter. I am hoping he vacates it thus giving me another chance on this matter.

Will update you here as soon as I find out.

Jerry

Posted: Fri Apr 15, 2005 10:56 am Subject:

Don't worry everything will be fine and you can expect good results. Keep in touch

Regards
Roxette

Posted: Sat Apr 16, 2005 9:40 pm Subject:

Letter from Small Claims court today.

Very Happy

Letter said:

The Court sets the Defendant's Motion to set default judgment aside for hearing on June 1st, 2005 at 9:00AM.

YEA!

Now to hopefully to get my agruments for this in order to prevail Razz

I oughta start a thread called "Diary Of a Do-It-Yourselfer" LOL..

and link/list my progress as I plod though this minefield of stuff :p, and BOY OH BOY am I learning a lot as I go.

Jerry

Posted: Mon Apr 18, 2005 2:46 am Subject: RE:

Hi jtucker,

Great news! Very Happy

Posted: Mon Apr 18, 2005 2:32 pm Subject:

Congrats Jtucker Very Happy

That was really nice to hear from you. Good things happen with good people

Keep in touch

Regards
Roxette

J. Cruz

I received a document by an arbitration organization stating that an award was entered against me. I NEVER received any information in regard to an arbitration claim or that proceedings were taking place.

I had a line of credit which I fell behind on, due to the 9/11 attacks in NYC, which left me unemployed.

I contacted the agency to inform them of my plight, and tried to arrange for a deferment and assistance.

they sold the note to another agency and now that agency is trying to collect.

The documents filed with arbitration in March, 2005.

I never received any documentation until last week. the document stated that an award was entered against me, and that it was going to Civil Court for a final judgment.

How would I respond to this and how should I word it?

Any help is greatly appreciated.

thanks

Posted: Wed Aug 03, 2005 4:02 pm Subject:

People have reportedly removed damaging entries (such as judgments) from their credit files by using the following method:

You can hire one attorney who will help you to remove all the damaging entries from your credit file
The Attorney has to file a motion of service of Process. This will help in removing a damaging judgment from your credit file.
This will force the creditor to appear in the court with his attorney to prove that the initial legal process done by him was proper.
This action will help you in your favor because if the creditor has been paid, he will not appear in the court knowing the value of his time and the court costs.
If the creditor does not appear in the court, you will win this case by default. This way, your credit report will be free from the damaging judgment information and thus your credit file will be improved.

redsox196775 · Posted: Wed Aug 10, 2005 8:12 am Subject: Default Judgement

I just received in the mail a default for not appearing in court for a citation. The City of Chicago
has requested that I pay the maximum penalty for my ticket plus Admin costs of $25.00. I live in Boston and actually called the court to dispute the ticket. I was given a choice of paying the citation or disputing the citation. I wanted to pay the citation but there was not an amount for the citation that was given. I was also led to believe that they would mail me a payment notification but all I received was a default letter requesting that I pay the maximum penalty. I think this is an injustice.
I would like to ask you what my current options are. If I don't pay would it come back to haunt me or is this only for the state of Illinois. The citation was for drinking in a public way. I cannot see how the punishment fits the crime in this scenerio. $525 for having a can of beer that was more than half way gone in a paper bag is going to cost me $525 which would probably be the same fine given if I were going 90mph in a 40mph area. I just feel in that in this case that I was not given proper notice or information. Please advise.[/b]

Posted: Wed Aug 10, 2005 4:04 pm Subject:

redsox196775 - A proper guidance from a lawyer will be really helpful in your case. He will be able to tell you the best of your available options.

Please let me know the response of your attorney so that it becomes helpful in this community.

Count · Posted: Wed Aug 31, 2005 8:01 pm Subject: Motion to Vacate a default Judgement

Hey I have removed a lot of negative info from my credit report, but now my wife's bank account got locked do to the court order Sad

((( can some one help??

Posted: Thu Sep 01, 2005 2:13 pm Subject:

Hi

Can you please give us some detailed information about your wife's account so that we can approach correctly?

Regards
Roxette

art mackinstry

discover card opened a credit card for my wife under J. Mackinstry instead of her name june and opened it in 2004 and showed us a 2001 application form i submitted in 2001 for myself as we had five discover cards. They balanced transfered $3,000 to that account and proceeded to dun her for payments at high interest rates. We reported by certified letter that it was not her account, identity theft opened it, don't sue, lets go to arbitration and discuss it. all for naught as the collectors ignored all of our [10] certified letters to discover [5] and [5] to the collectors. June never knew of the credit card until she was suponed and it went to court for default judgement. art mackinstry

Posted: Tue Oct 04, 2005 4:12 pm Subject:

It's sad. Have you put a fraud alert on your credit file?

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