[Olesarge1]

My question is similar as other. I am seeking the format to submit a void judgement document. U had been through the court on a bill I couldn't pay and provided prove that they had not responded to my request for answer to my question, One fact is that the debt was written off by the company and a"debt collector" had bought the loan for pennies and falsely representating the card company. The judge basically would not listen me or my documentation. Said it was junk whereas I had professional help in my preparation. Now they are wanting to go after my personal belonging. I requested a hearing to buy some time while I get the info on a void judgement paperwork

[ScottGem]

First its not a good idea to piggyback your question on someone else's. This can lead to confusion. You should start a new thread. So I've moved your question to its own thread.

What are your grounds to void the judgement? What court issued the judgement?

[Olesarge1]

I requested verifyication of debt, whether they had purchased the loan,and several other pertinent questions. I also included a certified copy of the credit report that stated the debt was written off and I question the validity of the document from the clerk at the card company who failed to sign under the rules of purjury and that there was no one there that had first hand knowledge of the transaction. I request to see license as th company is operating out of a NC po box in WIlmington but actually in Myturle beach, SC. There were other question which I can not remember right now. I asked the judge f they were were required to answer the questions and she said sme but they never did. It was in Wake county District court.

[ScottGem]

First the fact that the debt was written off has NO bearing on your obligation to pay. A write off is simply a tax thing to allow the company to claim a loss for tax purposes.

However, Since you had a hearing and the judge ruled against you, what you need to do is appeal the ruling. If the judge did not require the plaintiff to produce proof that the debt was yours and they were entitled to collect it, then you have grounds for appeal.

[Fr_Chuck]

Correct written off has nothing to do with the debt what so ever,
That does not mean it was sold, has nothing to do with the value of the debt or their ability to sue for the debt.

It is merely an accounting term, that shows the status of this debt for tax purpose.

And even if a company bought the debt for one penny on the dollar, they still have full legal rights to sue for the entire amount of the debt. So that argument is also not valid.

I would say you lost in court because you did not have any valid reasons to prove the debt invalid.

The issue is you had your day in court and there is no filing to have it declared invalid,

You can appeal the court, if you can prove there was something in the case that was incorrect in procedure.

if for example you requested within your time frame for a validation of debt ( not just at court, you needed to do that prior to court during your time to dispute the debt.

[Olesarge1]

I had done that on two separate times once when first received the letter and another after I received the notice that they had applied for civil action. This was alldone and time passedd in Jan for a march court date

[Olesarge1]

On a judgement, what are legal exemptions in NC? I am 65 years old soon to be 66 in July 09. I know my house is exempt and one car under 3,000 in value.I don' have a lot. I do have social security and military retirement. I have nothing of any great value.

[ScottGem]

Your last post (#6) was not understandable. You have done "what"?

Many times a creditor will sue over a debt, the defendant will request verification and the plaintiff will send nothing. Mostly this is because they don't have the documentation and they retain the hope the defendant won't show up so they can get a default judgement. But the plaintiff does not have to produce the documentation until requested by the court. What happens most of the time is the defendant shows the judge the request and the judge them asks the plaintiff if they have the documents. The burden is on the plaintiff to prove their case.

Now, if you want to explain what happened in court we can advise if you have grounds for appeal.

[ScottGem]

I've merged your two threads, please don't start multiple threads for the same issue.

These two sites list your exemptions
GS_1C-1601
GS_1C-1602

[Olesarge1]

In court, the lawyer claimed to represent the Credit card company. I had request that they provide with in 30 days, proof of authorization to work for the credit card company, ask whether or not the debt had been purchased, basically failed to rspond to my documentation NOTICE is hereby given as a courtesy to this court that Leonard Howard Chandler, a living
Man, not appearing, answering or otherwise pleading did respond 18th day of February, 2009 has
Attached exhibit A, a copy of the defendant's response date/time stamped “FILED 2009 FEB 20
PM 12:17 WAKE COUNTY. C.S.C.”. Exhibit B: Copy of Plaintiff 21 January, 2009 Request
For Admissions. Exhibit C: The defendant would further like to provide notice to the court
That the Plaintiff has not answered the response dated 31 December 2008 and an Notice of
Default which was certified by a notary on the 12th day of February, 2009. Further a certified
Copy of a Trans Union Credit Report dated the 12th of December, 2008, exhibit D, that stated
Account was charged off by the Plaintiff as “PROFIT AND LOSS WRITEOFF”. Exhibit A
Indicates the fraud perpetrated on the court by the Plaintiff's attorney has by stating that the
Defendant had not responded to their in order to get the Notice and Motion for a Summary
Judgment. Exhibit D demonstrates a further fraud by the Plaintiffs' attorney.

[ScottGem]

Again, the chargeoff has no bearing. Don''t include it because its meaningless.

But what happened in court? Did you request they provide proof? What did the judge say?

[Olesarge1]

I asked the Judge if they are required to to answer questions and the judge said yes, I said they didn't. She said the paper work I submitted was junk, I said the letter from the clerk was not signed under the pain or purjury and she said and none of your is. When I stood up to object, I was told to sit down and await my turn to speak