Ok... I'll try to sum this as best I can. A credit card company that I owed an original debt was given to a law firm to collect the debt. The firm claimed it was 3000 or so, and I received letters and then a judgement and so I paid a partial amount on the debt 6 months ago of 980. I didn't receive any other letters from them except 6 months later when they proceeded with the judgement in the amount of now 3,755.52! :eek:

The amount should have been 2019 but now they added all these fees/interest, but according to the FDCPA, the firm violates 15 U.S.C.§1692e by indicating an additional amount of interest, undetermined fees and costs. It is a violation to collect or sue for "collection costs," "attorney's fees," interest not pre-agreed to in excess of that allowed by statute, "fines," or any other fee in excess of the actual amount due.

In a 6 month period, they added and additional amount of $1736.52! For what? :mad:

I originally had no problem paying off the original debt but now I just feel like I am being harassed and I refuse to pay the additional fees.

So now, I researched my credit report and found out that the original debt to the credit card co was only 2124. So, I wrote them a letter along with the Federal Law which I believe they have violated, and I received a nasty letter back along with the threat of a court officer to seize property to satisfy the judgement against me!!

I am currently 9 months pregnant and due in 3 days, not married, not employed. I do not own a home or a car... I lost my business 2 years ago because my dad attempted suicide, was admitted into a mental hospital and now needs constant supervision.

So, I don't know what to do at this point; is there a way to fight the judgement? Can I file something to the court? What do I have to file? Do I ask an attorney? Any suggestions would be greatly appreciated.

Were you serve notice to go to court?

Did they obtain judgment and you received it?

No, I was never served anything from them or the court to appear... the only time I knew of the judgment was 6 months, in Sept. after I made a payment in March.

You can file MOtion to vacate judgment for lack of proper notice, lack subject matter jurisdiction, lack of personal jurisdiction over the defendant..

File Motion to Dismiss judgment is void.
A void judgment comes into being when there is not sufficency of pleading to fully establish the court having subject matter jurisdiction. In other words, neither party has firmly set that the court has juridiction in the matter.

What this means to you is that practically all "debt judgments" handed down by the courts are in fact void judgments. They can be vacated (made to disappear).

It's not that hard, a little research, a little typing, paying a nominal court filing fee, and sit back and wait. Not much to it, is there?

The results you can produce are unbelievable, and you just didn't know you had the power to shake up this predatory industry, did you?

The debt collection industry collects billions of dollars from those who are unable to protect themselves and do it using void judgments. What a racket that is!

Now's the time to step up to the plate and get that void judgment vacated, disappeared. It's not hard, there's no pain, and almost never a court appearance. Neat, huh?

It's up to you, keep paying, or make them pay. Your choice!

Oh, and a vacated judgment must, again must, be removed from your credit record.

Even if a court (judge) has or appears to have subject matter jurisdiction, subject matter jurisdiction can be lost. Major reason why subject matter jurisdiction is lost:


(1) fraud upon the court, In re Village of Willowbrook, 37 Ill.App.3d 393 (1962)

(2) a judge does not follow statutory procedure, Armstrong v Obucino, 300 Ill 140, 143 (1921),

(3) unlawful activity of a judge or undisclosed conflict of interest. Code of Judicial Conduct,

(4) violation of due process, Johnson v Zerbst, 304 U.S. 458, 58 S.Ct. 1019 (1938); Pure Oil Co. v City of Northlake, 10 Ill.2d 241, 245, 140 N.E.2d 289 (1956); Hallberg v Goldblatt Bros. 363 Ill 25 (1936),

(5) if the court exceeded its statutory authority, Rosenstiel v Rosenstiel, 278 F.Supp. 794 (S.D.N.Y. 1967),

(6) any acts in violation of 11 U.S.C. 362(a), (the bankruptcy stay) In re Garcia, 109 B.R. 335 (N.D. Illinois, 1989),

(7) where no justiciable issue is presented to the court through proper pleadings, Ligon v Williams, 264 Ill.App.3d 701, 637 N.E.2d 633 (1st Dist. 1994),

(8) where a complaint states no cognizable cause of action against that party, Charles v Gore, 248 Ill.App.3d 441, 618 N.E. 2d 554 (1st Dist 1993),

(9) where any litigant was represented before a court by a person/law firm that is prohibited by law to practice law in that jurisdiction,

(10) when the judge is involved in a scheme of bribery (the Alemann cases, Bracey v Warden, U.S. Supreme Court No. 96-6133 (June 9, 1997),

(11) where a summons was not properly issued,

(12) where service of process was not made pursuant to statute and Supreme Court Rules, Janove v Bacon, 6 Ill.2d 245, 249, 218 N.E.2d 706, 708 (1955),

(13) where the statute is vague, People v Williams, 638 N.E.2d 207 (1st Dist. 1994),

(14) when proper notice is not given to all parties by the movant, Wilson v. Moore, 13 Ill.App.3d 632, 301 N.E.2d 39 (1st Dist. 1973),

(15) where an order/judgment is based on a void order/judgment, Austin v. Smith, 312 F.2d 337, 343 (1962); English v English, 72 Ill.App.3d 736, 393 N.E.2d 18 (1st Dist. 1979), or

(16) where public policy is violated, Martin-Tregona v Roderick, 29 Ill.App.3d 553, 331 N.E.2d 100 (1st Dist. 1975).

SUMMARY OF THE LAW OF VOIDS

Before a court (judge) can proceed judicially, jurisdiction must be complete consisting of two opposing parties (not their attorneys - although attorneys can enter an appearance on behalf of a party, only the parties can testify and until the plaintiff testifies the court has no basis upon which to rule judicially), and the two halves of subject matter jurisdiction = the statutory or common law authority the action is brought under (the theory of indemnity) and the testimony of a competent fact witness regarding the injury (the cause of action). If there is a jurisdictional failing appearing on the face of the record, the matter is void, subject to vacation with damages, and can never be time barred. A question which naturally occurs: "If I vacate avoid judgment, can they just come back and try the case again?" Answer: A new suit must be filed and that can only be done if within the statute of limitations. "Lack of jurisdiction cannot be corrected by an order nunc pro tunc. The only proper office of a nunc pro tunc order is to correct a mistake in the records; it cannot be used to rewrite history." E.g. Transamerica Ins. Co. v. South, 975 F.2d 321, 325-26 (7th Cir. 1992); United States v. Daniels, 902 F.2d 1238, 1240 (7th Cir. 1990); King v. Ionization Int'l, Inc. 825 F.2d 1180, 1188 (7th Cir. 1987). And Central Laborer's Pension and Annuity Funds v. Griffee, 198 F.3d 642, 644(7th cir. 1999). The number of void judgments on the books in America's courthouses is so great, there is no practical way to estimate how there are. IF EVERY VOID JUDGMENT WAS VACATED WITH DAMAGES, IT WOULD REPRESENT THE GREATEST SHIFT IN MATERIAL WEALTH IN THE HISTORY OF THE WORLD!

THERE IS NO STATUTE OF LIMATION ON ATTACKING A VOID JUDGMENT.


You can do a Google search on VOid Judgment for more information.

Wow! Holy cow, that's some answer... thank you for all the helpful information. I would have never known about "void judgements." Why do the collection agencies/law firms engage in such practices if there is a chance of voiding it? Is it intimidation? Lack of knowledgeeducation of the debtor? I guess I will start doing my research and see what happens. In the meantime, what can I do about the threat of the court freezing my bank account... I also need to know since I am a signer on my mother's bank account in case of emergency, to which my ss# is assigned to... can they freeze her account as well? Once again, thank you for all your information and knowledge, I really appreciate it.

File the Motion to Quash with the court, request a hearing on the matter. This will give you some time before they can do anything.

If the find you on your mother account they will take it.