I am dealing with crooked (attorneys who have falsified documents and lied to the courts on a old debt for which they have been paid with no signed contract and no real plaintiff and cite a third party address as the address of their plaintiff that they do not represent. They never acknowledged validation debt letter and obtained judgements without notification so I could contest. They garnished my bank account 2 years after I paid them and then swore to the courts they sent out paperwork on Nov 29th. No paperwork sent to me or bank attorney. In the meantime they went back to court and got a new judgement for all money in the account which they were able to do by not delivering the original paperwork and left the account frozen. How can I make a motion to get back into court and have them answer for their actions and who they truly represent THEMSELVES and validate the debt that they never were entitled to colllect on

What state is this in. There are different statute of limitations for filing an appeal. After which you are essentually SOL.

Hello s:

File a motion to set aside the judgment for lack of service. It may be a little late, though. How long have you known about the judgment?

excon

I am in Fl and the original judgement was back in March but I had no knowledge until I found my bank account rozen in Oct. The original court date was March of 2006 and through intimidation and threats of jail I paid them the amount they said I owed over a 2!/2 year period. No letters of debt vaidation were ever answered . I only discovered the fraud in Oct.

Hello again, s:

Ok. Go back to that court and make your motion.. They'll grant it or they won't.

excon

Thank You I just wrote my motion and cited precedents from another case in Fl involving the same parties. They were found in violation. Hope it helps

First, I'm not clear on the timing here. You indicated they filed suit in March of 2006. Did they obtain a judgment at that time?

Second, the bank is not going to freeze your account without a writ of execution issued by a court. So the Bank MUST have received some paperwork. No paperwork needed to be sent to you.

If they had obtained a judgment in 2006, there would have been no need to get another since it would not have expired. In that case the only fraud here is taking money after the settlement has been paid. Do you have proof of a settlement and proof that it was paid? I wouldn't go off and file any motions until you are sure of your ground. I'm not sure you can be based on what you have told us.

I'd like answers to my questions to determine what type of motion you need to file and what the chances are of winning. I would also be careful about throwing around charges of fraud unless you are 110% sure you can prove it.

Next report the activities of these attorneys to the state bar association, assuming you can actually prove what you are stating, they can do sanctions against them, if they are violating ethics

Yes they did receive a judgement in 2006 and I paid until 2008 at which time it was paid in full. They evidently went back to court in March of this year without sending paperwork to me and received a secod judgement for default on the same case after they never responded to 4 of my letters asking for an update as payment time ended. They then got a default judgement because without notice I didn't show and a writ. I contested on exemption and it was not granted. The final judgement was declared by the judge on Nov 23 and they swore in court that the papers were sent to me and the attorneys for the bank on Nov 29. I got unsigned paperwork and the pank got nothing, The account remained rozen because the bank couldn't act without signed paperwork. In the meantime they went back to court to ask for interest and attorney fees. There is fraud here. It is the same law firm, attorney, and Plantiffs? In question as a case prosecuted in Fl and found to be guilty of violations against FCCPA and FDCPA The big problem is the Plaintiff? Says they are not represented by the law firm, the attorney's want the money and the address isted as that of the plaintiff is really another company with affiliations to the attorneys that is out of state and is a junk debt buyer who purchased the account maybe after default and when it was Sol no one has ever answered validation of debt letters and the original credit card company has no record of the debt. This constant recharging for attorney fees and interest re ages the debt that the attorneys never owned nor represented. The third party in question has been dtermined in court to be a debt collector and not a collection agency and the attorneys of affiliation also answer their phone that way after hours The first attorney has already been sanctioned and I have started on the others and the firms named partners because Fl will not take on the firm as a whole.

Hello again, s:

There's an awful lot in your story that doesn't make much sense. For NOT being served, and NOT attending court, you seem to know a LOT about what went on. Plus, you PAID, so you knew something was up...

In any case, because you DIDN'T do stuff WAYYYY back in the beginning, you very well might NOT be able to do stuff now. The place to start is the motion you wrote and are going to file. I don't have faith that you'll find relief, but you got to try.

Please let us know how this works out.

excon

The reason I know so much now is because I did my research. I only uncovered the scam since Oct when they froze my account. I when to the court and got copies of all paperwork they filed and then researched them and other complaints. I contated the attorney General and he also gave me contacts. The big problem is the deception on the paperwork and misrepresenting themseves and the contradiction of Plaintiff. When they first served me by mail and the only time they did the attorney threatened me into making payments or else. I didn't know my rights and couldn't afford an attorney. I questioned the debt then and asked for proof he told me he sisn't need to show me and I didn't know any better. I do now. Legal aide has been a joke they took my money and gave me a guy who said I don't know. I couldn't get a refund so I have set out on my own. I have filed complaints with multiple federal agencies and sooner or later someone is going to unravel this racket. It all goes back to the SEC allowing zombie debts to be purchsed on the stock exchange in bulk and allowing these (lawyers), and there are several of these groups, to iniate civil action that they are not legally able to do. They rule by intimidation and threats and proceed to extort funds because most people never get to the bottom of the twisted plan to wilfully deceive.

I agree with Chuck, that some things do not make sense. The main issue I have is the bank claiming they have no paperwork. So if the bank does not have a legal writ of execution authorizing them to freeze your account, they why did they do so? I would be going to the bank and saying that if they can't produce such a writ then your account should be unfrozen immediately AND they should reimburse you for any NSF charges caused by the freeze. The bank has no right to freeze your account without a writ. So they either have to produce that writ or remove the freeze. That would be my first concentration.

Second you should be filing a motion to vacate the judgment on three grounds:
1) Improper Service. It doesn't matter what they swear to. Unless they can prove that you were legally served, then the judge should automatically vacate the judgment. Vacating on the grounds of improper service, simply means that they have to have a new hearing.
2) Duplicate filing. Point out that a judgment was already obtained in 2006 for this account. So there should have been no reason to refile.
3) The account was paid. Since you claim the account was paid (I assume you have proof of that), then filing for a new judgment was bogus.

Further clarification. A writ was received by the bank for garnishment and there was a subsequent hearing with a final judgement for a set amount. This is the paperwork that the bank never received and was sworn to have been delivered on Nov 29th. The attorneys failed to deliver and left the account frozen. I was the only one who received paperwork and it was unsigned so the bank wouldn't execute. They found out on further inquiry that there were more funds in the account because the writ was served on the day my mortgage and electric bil posted but they were not processed because of the writ and did not show up as available funds at the time the writ was served. (This shows that it was not disposable income.) Not serving the final judgement papers allowed the other guys to go back and do another inquiry and ask for a second final judgement. The contention of these people is that the original judgement is in default because they never cashed the last check and are now coming back for attorney fees and interest. This is the MO for them in at least 5 other cases that I have found. (All 3 listed parties and the same paperwork as I received) The update today is a second final judgement is being heard on Jan 20th because of their updated bank inquiry and to boot the credit card co named as plaintiff finally answered my debt validation letter (although it is late and dated as Dec 8th with their own post mark so it can not be refuted .) The letter states that they do not own the debt. The credit card co is listed on all paperwork as plaintiff. They were an asignee and not the original creditor and therefore could not sell it nor is there any promise of payment to the third party debt collector. The debt collectoris not entitled by law to collect a single penney with or without a lawyer because in this case the lawyer is nothing more than a debt collector himself as stated in some of the other casess There is no signed contract between me and either the original creditor or the asignee and the credit card co sold it as a defaulted zombie debt which the debt collector purchased. This is in multiple violations of federal laws. The kick is this The debt collector and attorney firm have done this over and over and paperwork was filed for a plaintiff they did not represent and is evidenced in court paperwork giving the address as the debt collector and saying it is that of the plaintiff. This whole case from inception was done wifully and intentionaly to obtain money they were not entitled to. New question. Since I will be back in a hearing can I ask for order of case or something else to reopen the case under discovery and make a motion to vacate judgement and get money already paid back? They are in my pocket for over $5,000.00. This was not iniated during litigation it was planned prior with intent to deceive and intimidate. Now what is my plan of attack.

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Originally Posted by screwednow

Further clarification. A writ was received by the bank for garnishment and there was a subsequent hearing with a final judgement for a set amount. This is the paperwork that the bank never received and was sworn to have been delivered on Nov 29th. The attorneys failed to deliver and left the account frozen. I was the only one who received paperwork and it was unsigned so the bank wouldn't execute.

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Please read the quoted portion over again and tell me if it makes sense to you because it certainly doesn't make sense to me. "A writ was received by the bank..." Ok so the bank DID receive a legally executed writ and that's why they froze your account. The bank can produce the copy of that writ, correct?

I don't follow what this subsequent hearing was or what that has to do with the bank if they never received it.

Again, the bank can't take action unless they receive valid paperwork. So if they froze the account they have to be able to produce paperwork that required them too. Until they receive a release of the writ or it is satisfied, then the account remains frozen.