I feel like venting to that judge...Law, JCemt?
Date: Wed, 01/16/2008 - 13:43
do you think this is appropriate and what about the letter below? know it won't do anything and don't want to draw unnecessary attention..that i don't need. but wanted to put here to get opinions.
the judge has a webpage connected to the county and an email addy. i am sure (if someone can confirm this) that he does not see his emails first. his staff does?? anything really pertinent to the case is faked or eliminated of course.
should i mail it? or not do anything at all. thanks
Quote:
Judge XXXXX, You signed a default judgment “against†me January 8, 2008, Cause # 89898-9-90-90-. I never got served by anyone previous to the court date so I could not appear. Per your clerk(s), the Plaintiff said I was served November 19, 2007 at 2:58pm and your office gave me an 800 number that went somewhere that just played music over the phone continuously…no greeting or answer, etc. I did not get served that day or any other day. November 19th is my birthday (I am sure you have the resources to check this out), so I would definitely remember someone coming to my door, especially with a court document or a document summoning me to court. I know for a fact that I was home all day November 19th, as I do not own a vehicle and was babysitting my infant granddaughter all day. The Plaintiffs, Palisades Collection, are lying. And Palisades Collection, L.L.C. is notorious for their shady practices. It is all over the internet. They are a 3rd party “junk†collection outfit. Palisades has offices in New Jersey, and I believe are associated, from what I can see, with an office in New York. By signing the judgment, you have deemed the repayment go to debt collectors, not the people that are actually owed the money. I also believe they have re-aged the debt in order to be able to add more fees-the original debt was $474. I did not intend to default on this credit card. I had this account from 5 yrs previously and in excellent standing. I am a good citizen and have been a resident of XXXXX County since 1983. I have never even had a parking ticket! On the judgment, it states that they are the assignee of HSBC, this is also a lie. I have a credit report that shows HSBC wrote off this debt in March 2005. As stated previously, I had a perfect record with HSBC for 5 yrs. Until I hit a financial snag. When I was able to pay and called to work something out, HSBC said it had already been written off and had no information any longer. Have not heard anything since. Now I get this judgment that I never knew was coming. I cannot afford to appeal and per your staff my last date was Monday, January 14th to do so, and the day I called your office to find out all about this. I received the judgment papers from your office January 11th, the Friday before, so even if I had the funds, there was no time left. Is this what America has come to? Where debt collectors can buy your debt from the original creditor or other collection agencies? What a ridiculous concept! And since they lied, and I had no way to come and defend myself or file some kind of petition, then by signing that judgment you have allowed them to take over my life for the next 10 yrs and the next if they choose to do so. For $1100 and interest. Why does the court believe, someone from out of state no less, when they say they served me? Per your office he was not someone assigned or contracted by our courts. He was someone Palisades supposedly “hired†to summon me. How can you trust that? Anybody can come up with a time and date. And I guess no one lies to the Court? Some states, I found out over the weekend, require the summons server to put a description down of the person they hand the summons to. That would at least helped. Even if it was a statue/requirement in our state, they could not do that in my case, as they never ever saw me! I thought we came over from England to escape tyranny and debtors prison? These collectors had no “hardships†connected with this debt and didn’t “suffer†from the original debt. What right do they have to my life and money? But by American law allowing these types of practices to happen, and then allow these crooks to take these types of matters to court where a judge signs them off so easily and then these crooks run amok over our lives with the aid of the “writs of execution and other processesâ€Â, all I need is the starvation, and dirty damp cell of the old time debtor. Sincerely, |
:evil: :evil: :evil:
Your best course of action is to get a lawyer and have him try t
Your best course of action is to get a lawyer and have him try to get the ruling vacated on the grounds that you were never served. Without an attorney you do not stand much of a chance.
May I ask why my name appeared in the topic? Did I do something
May I ask why my name appeared in the topic? Did I do something wrong or something to upset you?
Jcemt,I think they wanted your opinion on their letter to judge.
Jcemt,I think they wanted your opinion on their letter to judge. To the op,I would not do anything that would prejudice the judge who may rule on a motion to set aside a judgment. Your best course of action is to either hire a lawyer or learn how to write a motion to vacate this judgment.
As the others have already stated, you need to get an attorney,
As the others have already stated, you need to get an attorney, and see about getting the judgement vacated for improper service. Seeing as it's already past the appeal date deadline, you'll definitely have much better chances with an attorney than if you go pro se. And last, do not send that letter. I understand that you want/need to vent. We're here for that, among other things. But think on it... This judge is [you hope] gonna have to change his mind and set aside a ruling he made, on your say-so. Do you really want to piss him off?
I feel like venting to that judge...Law, JCemt?
jc...yes i just wanted your opinion as you and law were the ones that mostly responded to my previous posts, so don't worry, thats all it was.
thats why i came here first with it as i was not sure what i wanted to do. thx for the input all.
i cannot afford an attorney and legal aid here only helps women and children mostly and don't take on cases such as this. i went to them before for a personal matter and that is what they told me then.
at this point i don't feel like there will be any relief in this matter for me so i really don't care if i piss off the judge. maybe he needs a little jolt. believe me if i did think there was a light at the end of this tunnel, i would not want to send this letter. that would be foolish.
besides i think i have calmed down some and accepted my fate. just a very hard thing to swallow and be put in a corner this way.
but thanks all again.
You should have demanded your right, per Texas Rules of Civil Pr
You should have demanded your right, per Texas Rules of Civil Procedure, to an affidavit of inability to file an appeal (because you can't afford the bond wich is double the judgment). I agree with cajun, I wouldn't want to tick off a judge I might have to appear before again. Don't mention any perceived violations such as re-ageing either, or you might not be able to sue later for these violations. Generally, you have ten days to appeal a justice court ruling, in some cases longer (maybe if you didn't get served). Ask the clerk about the affidavit of inability, if they give you any trouble, go to the court house and talk to someone with the county/district court.