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Wed Nov 19, 2008 10:27 am
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| What do you mean by vacate the judgment? Do you mean that the judgment can be changed once it has been passed. |
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scott
Joined: 28 Jun 2006
scott's page
Posts: 446
10878 Magic Points
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Wed Nov 19, 2008 10:41 am
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Hi guest
Once a default judgment has been passed against you due to your failure to answer a response to the summon or appear on the court date, you can file a motion to vacate the judgment. Vacating the judgment means you can change the judgment if it has gone against you and you are sure that you are not liable for the debt either because the CA could not validate the debt or because the SOL has expired. However, you need to file the motion to vacate the judgment within 30 days from the date of judgment.
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SCOTT
Use your credit account responsibly and enjoy a debt free life. |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4285
127 Magic Points
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Wed Nov 19, 2008 5:37 pm
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| I guess then that would leave somebody out in the cold if they did not find out about a judgement until somewhere down the line. See I really feel this is quite unfair. I seen a special on the news that the sheriff is allowed to leave a summons with another family member or adilt in a household whether or not the debtor lives there or not. How can someone be sure that the person intended to get the summons actually does? Some p[eople would just throw it iff in a corner and forget about it until it was thought of too late or maybe not get along with the relative and never give it to them. |
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Mary
Joined: 06 Jul 2006
Mary's page
Posts: 686
17396 Magic Points
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Thu Nov 20, 2008 10:48 am
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Hi Guest
Yes, judgment can be changed once it has been passed provided you file the motion to vacate the judgment within the time specified. It is generally 30 days from the date of passing of the judgment but you should always avoid default judgment because for vacating a judgment would require hiring an attorney which will shell out dollars from your pocket and it is also time consuming. But if you are present on the court date, you can not only prevent default judgment, but also can verify whether the CA actually owes your debt or not in the court itself.
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Where there's a will, there's a way !! |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4285
127 Magic Points
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Thu Nov 20, 2008 11:46 am
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| In other words never just not reply to a summons. No matter if you are in the right or wrong and even if the Statute of limitations on the credit card debt has passed you will find yourself repaying the debt if you do not answer the summons. If you need assistance in doing so please let us know. |
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Angry
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Subject: Respond?
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Sun Nov 23, 2008 6:34 pm
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| I researched the collection agency online when I became suspicious of the document and they have a record of sending bogus paperwork saying they have received judgement, etc when they have in fact just pulled some blank forms offline and filled them in and sent to whoever. I had no idea of a court date, no subsequent letters because I was homeless and not even in the state for 6 months after I requested validation. They were sending things to a PO box that I did not receive mail at just so they could say that they sent ne(sic) something. I have no transport, no home, no bus system here to do anything and 2 kids. How can I get them exposed? I've contacted the 3 bureaus and FTC and am waiting for the responses from dispute. Levying officer is good friends with the agency owner and won't pursue (small town bs). Court hasn't shown a judgement filing and they say it 'just might be too soon to show'.???? |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4285
127 Magic Points
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Mon Nov 24, 2008 1:15 am
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| Well you may have to wait it out and keep checking. They could have very well had bogus paperwork..wouldn't be the first time a collection company would try this tactic. If you haven't anything than they really can not get nothing from you anyway. Do you recieve any type of state benefits or payments..if so they can not even touch these. You need to ask the courthouse how long it would take for a judgement to show. Surely this can not be a really long period. I am sure there has to be a time frame there. |
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carol
Joined: 27 Jun 2006
carol's page
Posts: 1307
Location: Los Angeles, California
29555 Magic Points
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Mon Nov 24, 2008 6:38 am
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Hi Angry
Since the court has not shown any judgment filing, you need not worry because the CA may be lying to recover the debt from your which they are claiming. Before getting a judgment you will get a court date where you will get a chance to defend yourself. Even if you are not informed of the court date and a judgment is passed against you, a motion can be filed to vacate the judgment.
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Keep in touch
Carol |
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Justin
Joined: 17 Jul 2006
Justin's page
Posts: 1240
28942 Magic Points
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Mon Nov 24, 2008 6:54 am
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Yes, even if you get a default judgment, you can always file a motion to vacate the judgment, but the motion should be filed within 30 days of getting the judgment. In the meanwhile you can always send a debt validation letter by certified mail to be sure whether you are actually responsible for the debt or not. A proper Debt validation should always include a copy of the original agreement that you have made with the original creditor and the proof that the OC has sold off the debt to the CA.
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All the Best 
Justin |
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karla
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Subject: Credit card summons response
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Fri Feb 20, 2009 9:09 pm
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| How do you file a letter to respond who do you see at the courthouse? what is validation of a debt i have asset acceptance suing me.. i had account with citi, but i dont even work i cant work i have nothing of value i dont even own home or car or have bank account |
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carol
Joined: 27 Jun 2006
carol's page
Posts: 1307
Location: Los Angeles, California
29555 Magic Points
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Wed Feb 25, 2009 9:06 am
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Hi Karla
Validating the debt means that the creditor need to prove that he owns your debt. As per the provisions of the FDCP Act, the creditor needs to validate the debt within 30 days from the date they receive your debt validation letter.
Now, if you have received a summon from Asset Acceptance, you need to file an answer to the summon within the date mentioned by visiting the court from where you have received the summon, else a default judgment may be passed against you. You can ask for debt validation in the court itself.
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Keep in touch
Carol |
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Phil
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Subject: debt collection
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Tue Aug 11, 2009 5:51 pm
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A group of attorneys who are (Plaintiff)representing American Express credit card who are trying to collect debt from me served me summon.
What should i do know. I called them trying to settle debt but they are asking a lot more money then i owe they are being greedy. I am going to offer more money lets see what happenes beacuse i dont want my wages to be garnished beacuse thats the worse thing one can do to their credit. |
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Phil
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Subject: American express debt
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Tue Aug 11, 2009 5:54 pm
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| can any one help me? from debt collectors thanks |
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jack16996
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Subject: property damage
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Tue Dec 08, 2009 11:09 pm
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| What do I say in my response to the summons? |
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awh
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Subject: answer letter
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Thu Jan 28, 2010 8:35 pm
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Help!! I got a summons on my fence from Lloyd and McDaniel for Cach LLC who I believe is providian. I verified that hey have filed with the court, but there is no court date. I have a debt validation letter typed to send because I am not sure that I owe this. Couple of years ago, I settled one of their cards.
Here is my complaint, how do I respond??
1. The plaintiff owns and is the holder of an account due and owing the defendant, and is the assignee of xxxxx
2. The defendant is indebted to the plaintiff in the amount of xxxx
whereof, plaintiff demands,
1. judgment against defendant in the amount of
2. Interest thereon at the rate of x from date and x% per annum from date of judgment, until judgment is satisfied
For any and all other relief to which the plaintiff may be entitled pursuant to contract, statute, or common law
Thanks. |
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