[Motherofmany]

Kay
As always your input is appreciated. Thank you!
This site is a keeper in my favorites ,Thank you to all that give input
I away think you are never to old to learn & try in brace it.
Wish me luck Im off to the court house!

[Motherofmany]

Questions”

Lets say the judge issue an order to vacate the judgment!
I Get my copy from court house, Blank Affidavit of service paper.
Arrange to have them served. How much dose that run about?

Do I then serve my Answer to the courts & attorney ?

Can I request in my answer to the court & attorney that the plaintiff validate
The debt they claim I owe.

When Can I send out validation request?

How dose the order of things work?

[Motherofmany]

Well Judge signed Paperwork :)
Judge marks off " Affidavit of service by mail " that works for me!
So I will have the husband send it out & fill affidavit have it notarized & wait for return receipt ,Attach to Affidavit send back to court! Then wait for court date!
So while I wait I need to send out answer to summons (court, Lawyer ) & Validation of debt .

[JudyKayTee]

Well Judge signed Paperwork :)
judge marks off " Affidavit of service by mail " that works for me!
so I will have the husband send it out & fill affidavit have it notarized & wait for return receipt ,Attach to Affidavit send back to court! then wait for court date!
so while I wait I need to send out answer to summons (court, Lawyer ) & Validation of debt .

When this is done you'll be a qualified expert on this board - congratulations!

[Motherofmany]

When this is done you'll be a qualified expert on this board - congratulations!

I don't know if I would qualified as an expert ! But will try to continue to pass on the knowledge & support like I have seen here.

[Motherofmany]

The quite before the storm! I don’t quit, no what to make of it!
I signed up FICO to keep an eye on my credit!
Today I get an alert LVNV Funding ,LLC (The company sueing me )removed everything from my credit report!!
That is odd because I just sent out my “Validation of debt letter’! No green card yet! We will just have to wait & see!

[Motherofmany]

Well today I received my Green Card sent it all into court!( made copies First) . Put in for my day off from work ,sent out all letters , now all I can do is wait!
!:eek: wish me luck!

[Motherofmany]

Today in the mail I received
"Affirmation in opposition to order to show cause"
I am thinking that this is the plaintiff attorney sending
Me notice that he opposes
The motion to vacate judgment.
Can anyone give me more info on his !
Maybe a small crash course
I am going to court on Thursday (9/17/09)

[Motherofmany]

"Affirmation in opposition to order to show cause"

Judy , Mr. Yet !
Would you happen to know if I have to reply to this in writing?
Or is this just formalities in letting me know that they oppose!
I have court on 9/17 and I received this just yesterday.

[Motherofmany]

Went to court today ! No show for lawyer.
Judge noticed that lawyer sent a” Affirmation in opposition to order to show cause"
He ask if I had received a copy. I told him that I just received it! He ask if I had a reply, I told him I wasn’t able to look it over .He said because I just received it to look it over & if I have a answer That I should have it into the court by next Thursday!I will answer ! Send into court,send a copy to lawyer!

[Motherofmany]

Today I received a letter from the court, the judge agreed with my answer to the
Affirmation in opposition to order to show cause that the plaintiff attorney sent
(that he opposes my motion to vacate judgment). We have a traverse hearing set for December. So I will just sit & wait for my day in court again!
I sent request for validation of this debt. But still nothing so I think I will send a second request and forward info to the court just for the record.

[Motherofmany]

Kay!! What do you make of this!
Went to my traverse hearing today, went ½ early two very long cases, several small ones
I am called up 2 hours later ,
Judge ask the lawyer state his name, states his complaint “yada “yada”
Ask me to state mine swears use in.
Lawyer call first witness Process server !
Ask name, where he works, how long,
Then he goes into dose he remember the summons ?He doesn't recall
Lawyer asked him again ! He asked him if he delivered a summons to address ,But left out west or east or west then goes to shows him the summons I object !
The judge said he should recall by memory!
The judge asks if he recalls anything about summons residence, Color of house etc.
He doesn't recall He states! It's been a year and he delivers 75 of these a day!!
Lawyer ends his questions!
Judge asked me if I had any question for the witness !I said yes
I ask him East or West ? Doesn't recall
Asked color of house , cars in driveway ,animals?” “
He stated that he affixed it to a door what door had he left it at? “ “
How familiar he was to the area ? He said he no the area sum what!
Delivers summons all the time!
This is where it gets good!!
I ask him who he talk to ! “He can't recall”
I said to the judge he doesn't recall anything how is he to mark this stuff off
& swear about it but not recall!
Judge said do I have any more question I said No!
So the judge steeps in and asks him why he didn't recall talking to anyone about weather I was in the service or not? He stated your honor my boss checks that off or he makes use check it off every time I serve someone!! (Remember 75 A Day!! )
So you didn't speak to anyone about defendant . Yes your honor I just check it off!!
The judge goes into how he is not suppose to do that ,That he needs to speak to his employer ! Ends with granting my request to vacate judgment!
I am floored I stand there in shock I now have to wait until paperwork comes to me!!

[Motherofmany]

It been almost three months & still nothing from the Courts!
Is this normal?

[AK lawyer]

It been almost three months & still nothing from the Courts!
Is this normal?

You should have lodged the order to vacate judgment for the judge to sign.

[twinkiedooter]

It been almost three months & still nothing from the Courts!
Is this normal?

Call the Clerk's Office and see if the Judge signed this Order. You can then go down and pick up a copy of it for your files.

[twinkiedooter]

You should have lodged the order to vacate judgment for the judge to sign.

Not every "lay attorney" like this lady knows enough to do this. Just saying "you should have" is like saying drivel to a person who is not aware that they HAD to prepare the Order for the Judge's signature.

The OP can STILL prepare an Order to Vacate Judgment if the Judge has not signed an Order on this matter yet.

Sometimes it takes awhile for the Judge to dictate an Order to his Judicial Assistant to prepare for his signature. They are busy people, you know, and are not just "paper pushers" down at any Judge's office.

[Motherofmany]

You should have lodged the order to vacate judgment for the judge to sign.

I summited a copy of a motion & proposed order back in Dec.

[Motherofmany]

Call the Clerk's Office and see if the Judge signed this Order. You can then go down and pick up a copy of it for your files.

I will call the clerk on Monday!

[Motherofmany]

Not every "lay attorney" like this lady knows enough to do this. Just saying "you should have" is like saying drivel to a person who is not aware that they HAD to prepare the Order for the Judge's signature.

The OP can STILL prepare an Order to Vacate Judgment if the Judge has not signed an Order on this matter yet.

Sometimes it takes awhile for the Judge to dictate an Order to his Judicial Assistant to prepare for his signature. They are busy people, you know, and are not just "paper pushers" down at any Judge's office.

I dotted all my .'s ! Crossed all my T's .Sent all my paperwork ASAP Like a good newbie !motion & proposed order ! Read, Read, Read, & have waited patently.
I understand the courts are busy ! I was just asking in general .
I will call the courts on Monday & just ask!

[AK lawyer]

I summited a copy of a motion & proposed order back in Dec.

Ok. Good. Then you are on the right track with your plan to call Monday.