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Motion to vacate granted! ... Kinda

Submitted by IdentStranger on Thu, 05/23/2013 - 14:02
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Right now, you caught them with their pants down and they are just trying to cover there tracks. The judgment might have been vacated but the docket has been reactivated. Simply put, they are turning around to sue you all over again. This time, keep a track of dates using the county court's website, appear in court when required and ask for validation during discovery.


Submitted by Steve Barris on Thu, 05/23/2013 - 21:38

Steve Barris

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sue them yourself.be proactive.you have the DV letters and theie actions.get an NACA lawyer sue them and collect 1,000.00.there is nothing that says you can't and not enough people do.bottomline they got a default and didn't serve you properly because they most likely can't validate.don't waste anymore time.get a contingency lawyer and sue this bottomfeeder as the JDB is a bottomfeeder.


Submitted by paulmergel on Fri, 05/24/2013 - 06:26

paulmergel

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Today, the court updated the case w/ the following information on the website.... Can anyone give me any insight on what exactly is going on? Remember now afther I filed the motion to vacate the judgement, JBR sent a motion to dismiss & asked it be returned to docket.....

Here is the update on the docket....

THIS CASE IS SET FOR HEARING ON DEFENDANT'S MOTION TO VACATE THE JUDGMENT ON JUNE 10, 2013, AT 9:30A.M. ON THE 13th FLOOR. THE PARTIES ARE TO MEET WITH THE COURT'S ALTERNATIVE DISPUTE RESOLUTION SPECIALIST IMMEDIATELY BEFORE THE HEARING, PROMPTLY AT 9:30A.M.. IF NO AGREEMENT CAN BE MADE, OR EITHER PARTY FAILS TO APPEAR, THE CASE SHALL PROCEED IMMEDIATELY TO HEARING ON DEFENDANT'S MOTION. NOTE: FAILURE TO APPEAR MAY RESULT IN DISMISSAL OF THE FAILING PARTY'S CLAIMS, IMMEDIATE TRIAL ON ALL CLAIMS OR SUCH OTHER RELIEF AS THIS COURT DEEMS APPROPRIATE. THE CLERK IS ORDERED TO CORRECT DEFENDANT'S MAILING ADDRESS


Submitted by IdentStranger on Fri, 05/31/2013 - 05:36

IdentStranger

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it seems the court rejected this bottomfeeders motion.so now is the time to get an NACA contingency lawyer and go after them.bottomline they delibrately served you improperly and you need to be proactive now.go to WWW.NACA.NET.get a contingency lawyer asap and show up with them and then file a suit of your own right there.do it.


Submitted by paulmergel on Fri, 05/31/2013 - 05:51

paulmergel

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contigency means the lawyer is paid by the bottomfeeder.that includes court costs as well.is this FDCPA claim against said bottomfeeder.then contact the same lawyer and see if they can package the two as this is most likely a violation as well seeing as you gave them your current address and they still intentionally served you at a different address.the least that could happen is no lawyer your motion is granted and referencing the small claims case get this dismissed with perjudice,but i would talk with your FDCPA lawyer to be sure.


Submitted by paulmergel on Fri, 05/31/2013 - 06:18

paulmergel

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Does anyone think I should send them a letter asking to simply drop the case all together? Settle for an extremely small amount of money? I don't have time to get a lawyer as my court date is in just a few days for small claims. I'm tempted to see if I could just get them to drop the case all together....


Submitted by IdentStranger on Fri, 05/31/2013 - 07:34

IdentStranger

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You have a good case and I would forge ahead. I got a contingency lawyer and we successfully sued and I got $1000. The collection agency had to pay my attorney's fees. This looks like a slam dunk case, so go for it. I'm sure you can quickly find an attorney. Do a search on consumer litigation for your state/county. Good luck!


Submitted by aubrey on Fri, 05/31/2013 - 07:51

aubrey

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Wish me luck guys, I have court on Friday. Any pointers anyone can spare would be appreciated....


Submitted by on Wed, 06/05/2013 - 20:49

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