Judgement vacated.
Date: Mon, 04/13/2009 - 20:32
When my case motion was called, the judge just flat out told him there was an error in how the summon was served. He said nothing. The judge tried to make me to settle but making me somewhat liable to the alleged debts. I just threw out some random dollar amounts. The judge didn't believe it. However, I then reaffirmed that plaintiff has no proofs. The plaintiff said nothing. Anyway, the judge granted me the motion and said something about there would be a trial. Or "guess the plaintiff has to go on trial." She spoke too fast. Then, the lawyer was having an anxiety attack and breathing very fast. He then rambling about he didn't want to go to a trial and would like to settle. At this point, he was desperate. He even agreed on settling the random dollar amount I just mention. I told him no. I told him he got no proofs. I found his weakness of his case and just rode with it relentlessly.
I guess now I should prepare a DV letter just in case they would try to sue me again???
It is really good to hear that the judgment has gone in your fav
It is really good to hear that the judgment has gone in your favor. But I think that it is not required to send a debt validation letter right now because they will not sue you again. What they can do is that, they will sell the debt to a collection agency, who may sue your for the debt again. In such case you need to send a DV letter to that CA.
Thanks. I supposed the more CAs passing my "account," more hard
Thanks. I supposed the more CAs passing my "account," more harder for them to produce all the "medias" pertaining to my debts.
Was the case dismissed? If the case was dismissed WITH prejudic
Was the case dismissed? If the case was dismissed WITH prejudice, they can not sue you again, right? If it was just dismissed w/o prejudice then, I am sure that a law suit will more than likely surface again.
I am wondering if offering a settlement amount is the same as admitting the debt? Reaging the debt? Anyone know this?
I don't think it was dismissed. Is that the judgment was vacate
I don't think it was dismissed. Is that the judgment was vacated. Or motion to set aside per the Order wording. I believe there will be a trial date but haven't setup yet. Because I have to return the Order to the clerk with proof of service (mail my Order to the plaintiff within 20 days). Go to trial...fine. I believe I would need to send them a DV letter and to file for motion for discovery. I know they got no proofs.
Anyone know what I need to do to file for motion for discovery? I can ask the clerk what is the proper civil procedure to file for motion for discovery. If these bottom feeders feel that they have a chance in a trial despite of lacking proofs, go right ahead. I have nothing to lose but everything to gain.
Offering settlement amount?? The way I see it, if CA has no proofs, why even bother to settle. If CA offers settlement, they aren't doing it in your best interest. Is because they have a weak case. I think one should just stick to the legal points in the case as much as possible. Put away the circumstantial and personal convictions aside.
Here is some info about how to go about filing a Motion for Disc
Here is some info about how to go about filing a Motion for Discovery.
And I agree. If they can't prove it, don't pay. The burden of proof is on them.
Of course settling on the debt is admitting that it's your debt, why would you settle on someone else's debt?
And on re-aging the debt, it largely depends on the particular state, but generally, it starts ticking from the date of last activity on the account, usually payment. Some states it's the original default date. But if you were to pay it off or settle, it would usually stay on your credit report for the 7 1/2 years after the paid off date, again, depending on the state.
I don't think that it would hurt to file a motion to try and hav
I don't think that it would hurt to file a motion to try and have the case dismissed (with prejudice). If motion for discovery is required and the clerk can't help you do that then look up your local county court rules for the procedure to do so.
Anyone else see any reason why not to have this case dismissed?
Most definitely concur. If it was flimsy enough to have the judg
Most definitely concur. If it was flimsy enough to have the judgment vacated then it should make it much easier to have the case flat out dismissed.
Definitely go for the dismissal with prejudice. Sometimes prejudice is good! ;)
File the Motion for Discovery, it's too late for a DV letter. Besides, the DV letter is responded to directly to you, but the response for Discovery is filed directly with the courts, so the standards are higher.
judgement vacated
what exactly does this mean? Does it mean I can get it removed from my credit report