[FootballGuy]

ABOUT THE PREVIOUSLY POSTED LETTER

Regarding the letter posted above for a motion to Vacate Judgment, please be aware that the first line under the heading is incorrect! That's actually from the Plaintiff's perspective. More specifically, I'm referring to the part that reads:

NOW COMES the Plaintiff, Pro Se and prays this Honorable Court to Deny the Defendant's Motion to Dismiss and Motion for Sanction for the following reasons

I just wanted to update that information in case someone uses the letter.

[bigcowboy1]

Here's my story. I also defaulted on a credit card to Chase. I was in foreclosure and could not pay. They did the charge off and Mann-Bracken (hate them) sent it to arbitration. I did all the required paper work and the request of the original contract and they got it and sent me a giant package of all the copies. Then it went to arbitration and they were awarded an amount of $17,500. Original amt was 14,000. That was in Sept. of 2006. Two days ago I got a summons that I was being sued by a different law firm, Blatt, Hasenmiller, Leibsker & Moore. I don't know how they got involved in all this, but the copy of the arbitration award was stapled to it with Mann Bracken's name on it. I pretty much am done with this. I have an appointment to see a laywer about a bankruptcy on Tuesday. I live paycheck to paycheck now. I did not charge things with default in mind. Due to a job loss and a bad decision, I lost my house, my money and my credit rating. Nothing could make my FICO score worse I think, and I can't afford for these pirhannas to garnish my wages so they can make a lot of money for something they paid little for. The laws in this country are very much against the creditor. The arbitration forum is paid by the law firms they give these awards to. The companies who buy charged off credit need some parameters because they are very much allowed to do a lot, even with the fair credit reporting act. Also, your case can be dropped by one and picked up by another, and another, and another. So just because you may not have to pay this one, another law firm can and probably will buy it for a few bucks and hound you relentlessly. The only way to get out of a bad debt is to either pay it off or get it discharged in bankruptcy. Otherwise, it will haunt you for the rest of your life.

[ScottGem]

Part of what you say is true, but not all. There is a lot of protection for the debtor in the US. But remember, creditors are assuming a risk,they are entitiled to get their money back.

What bothers me is this second law firm. If you have a written agreement with someone on the disposition of a debt, then another creditor has to honor it, if they purchase that debt.

[bigcowboy1]

Aren't you the guy who just paid on a 10 year old credit card?

[bigcowboy1]

I was referring to protection from debt buyers by the way. They are not subject to very many laws. They constatly break the fair credit reporting act law because they know that not a lot of people know about it, or how to use it, I used to be one of them. It took MANY hours of surfing the net to get answers. And the bottom line is, they can and WILL hound you forever till you pay or file bankruptcy.

[ScottGem]

Aren't you the guy who just paid on a 10 year old credit card?

Who me? I've never defaulted on a debt in my life.

[bigcowboy1]

The best website that I have found for answers and form letters to send to creditors is Avoid bankruptcy eliminate credit card debt enjoy financial freedom and debt-free living > It has the best information and help.

[bigcowboy1]

That's not what I wrote

[bigcowboy1]

Ihatedebt.com is what I wrote

[bigcowboy1]

Sorry ScottGem. It wasn't you who had the debt, it was you who answered the letter of the person who had the debt. I just recognized your big diamond. My bad.

[ScottGem]

ihatedebt.com is what I wrote

The hyperlink engine here will sometimes pick up a site name from its metadata then the actual URL. The link will work the same.

There are many good resources for info on how to deal with debt and creditors, including this site.

[FootballGuy]

What now!?

I filed a notice to vacate judgment. Almost immediately after I filed the notice, I received something in the mail from the plaintiff's attorneys for a settlement/installment plan. Actually, I think they crossed in the mail. A couple of days later, I then received my copy of the notice to vacate judgment from the court.

Then today...

I received a copy from the plaintiff's attorney's : "Opposition to Defendants Motion and Declaration to Vacate Judgment."

In the document(s), under the attorney's points, the 4th one said

That the defendant has filed a Motion asking to have the Judgment Vacated more than thirty (30) days after its entry. Said Motion alleges no basis for defense, no basis to vacate, modify or correct the arbitration award upon which this Judgment was entered and stats no basis for the Defendant's failure to plead.
5. That insofar as the Defendant's Motion was filed more than 30 days after the entry of Judgment, the Defendants must show not only that there was some irregularity but also that they have a meritorious defense and have acted with reasonable diligence in seeking to have the Judgment set aside. Here the Defendant has failed to show any of the above and his Motion should be denied

Also, under the heading "Point and Athorities", they sited some state rule as well as a case "Capobianco v Gordon, 19 Md App. 662(nothing that moving party has the burden of establishing fraud, mistake or irregularity, and that they have acted within ordinary diligence, in good faith, and have a meritorious defense.)

Any suggestions on what I should do next? :confused:

Also, just to add, on the Judgment that I received from the court, there was NOTHING about a response in 30 days. How was I supposed to know that?

Oh, and my Notice to Vacate Judgment and its contents are posted within earlier responses.

Thanks!

[bigcowboy1]

They will hound you forever. Just file bankruptcy. That's what I finally did. Either that or pay if you can. I don't have any assets or money, so my only choice was to get bankruptcy protection so they would not garnish the little wages that I make. My financial situation now is much different than when I acquired the debt. So if you think you can win this, think again. Bankruptcy is not he end of the world like everyone tells you. Your credit is messed up anyway I assume and the good thing is you can start over again. Just remember not to ever get any credit cards again. It's like dealing with the devil.

[ScottGem]

What you received was a response to your motion. Did you think they were just going to roll over and play dead because you were fighting them? Of course they are going to respond and they are going to try and intimidate you. This is, of course, why its better to have an attorney. An attorney can advise you on all the fine points and make sure you dot your Is and cross your Ts.

So now you know what arguments they have against your Motion to Vacate. Your next step is to prepare your answers to those arguments. Check the summons and make sure that no response time was given.

I'm curious if their motion mentioned anything about the verification. If it didn't, then it looks like they are trying to do an end run. Your answer to the last point about them acting in good faith is; "then why haven't they provided documentation of the debt as frequently requested"?

[FootballGuy]

I don't think Bankruptcy is the route for me. While my credit history hasn't been good because of some things 3 years ago, I really have worked hard to rebuild it and make honest efforts getting things done. True, it would help out my situation with my student loans, I'm not ready to go that route. Besides, while this debt isn't cheap, it's only $2500+.

ScottGem, I was really thinking about an attorney. Unfortunately, I cannot find anyone in my area who specializes in credit stuff. I did go to MyFairDebt.com and look, but that person seems to have countless cases against collectors for FDCPA violations more than anything. Plus, they're not really close to me.

In regards to the letter, it's funny you said something about the verification. I was thinking the same thing and no, they never addressed it whatsoever.

Also, when you say check the summons, what are you referring to? The only thing that every had a timeline was the original summons for a response, (30 days). That I'm positive I sent in within the timeline. The Notice to Vacate Judgment was in response to the judgment that was signed on the 5th of January but didn't get to me for over a week from that date!! I realize the court might not send something out the same day, but that's a bit long.

Lastly, whatever I am to file next, what is it called?

Thanks again!

[ScottGem]

I don't think you have to file anything. What you recevied was a pre-trial motion. Now you should follow up with the court for a court date (if one isn't already scheduled. And then prepare for that.

[FootballGuy]

No date. The only things I've ever received from the court was the original summons for a response and then the judgment.

I guess they simply sent this to try and convince the judge to not schedule a trial date. That's what it sounds like anyway.

ScottGem, I know you said I don't need to file something, but is there some sort of thing I should send in response to try and sway the court for a trial date? Like, something in defense of the original Notice to Vacate Judgment? I just have a sinking feeling that the court won't waste the time with a hearing and that I'll never get a say.

Also, worth mentioning, the attorneys sent an Order for the judge to sign denying the motion to vacate judgment.

I'm kind of thinking I should respond and basically say I have the right to face my accusers and that I am demanding a contract. I know I already said that, but I really don't have much faith in a system that wouldn't verify the debt in the first place with a contract or provide me with an opportunity to clear my name.

Thoughts?

Thanks!

[ScottGem]

Yes you do need talk to the court and push for a trial.

[barato56]

I had the same thing from a credt card Providian from a collection agency. They even served me with papers to appear in court. The constable says, that they can not do nothing. I thought they would be like the IRS and seize and sell your stuff. Basically, if you do not appear in court then they could get a lien on anything you have. So if you are renting, and own a car and you are not going to pay them then I would not worry. I had to pay mine because I was getting a loan from the VA land board to buy some property and I just happen to have the money so my record would be debt free with them. Another credit card company has tried the usual legal threats but I do not pay attention to them and throw away the letters. I find that if you can not pay or have a lawyer then why do anything. You will still owe the debt. Do not stress yourself out, like I did. Now this long forgotten credit card, I just do not even think about it, but I just keep on trucking.

[FootballGuy]

So if I want to push for a trial, (basically I just want to make them present me/the court with the original paperwork which they won't have), what should I do? I know that just sounded pretty dumb, but is there some official notice in support of the judgment vacation?

Also, should I just file a motion of discovery or is that way off base? :confused:

And lastly, they sent me a settlement offer/installment plan. How bad would it be to say to them that I'd consider accepting if they could provide me with the original contract? I'm just thinking that if they did provide me with something, at least I'd have an idea going into court - if I were to even get a date.

Thanks!

Oh, and barato56, my only reservation since I don't own a house is that they'd garnish my wages. That's my biggest fear... :(