[sirbaron]

Due to on the job accident claim Ive become overburden with paper work related to The Department Of Labor. Under stress and duress, I misfiled my court papers and was not present. I had a judgement entered but I wanted to appeal. With some bad advice from from an attorney I wasted money and time. A few months after the judgement I was mailed a citation to discover assets with my credit union listed as the third party. I was present at the courts and was evaluated by the creditors that are suing me. My question is. Is it too late for me to file a motion to vacate? And since the third party was not at court did I have to go before the judge anyway? My original court date was in April. Citation to discover assets was in Nov. What happens next?

After filling an appearance fee , I missed my court date. That was in April of "06". Is it too late too file a motion to vacate?

:cool: Four Entities involved and One contract: I have corresponding evidence to Support the facts of a scam against my name. A 4x4 that I purchased at a particular car dealership went from hundreds of cars on three city blocks, to out of business. Because of some other legal matters tide to the establishment. As this is going on, Im somewhere with a vehicle I purchased from their lot , and fully insured to the maximum replacement value. Then after was a claim resulting in collateral damage. All pertinent info was submitted to my insurance company. Options replacement or repairs. I chose replacement, mind you Im totally unaware of dealerships plight. A 4x4 to match the one being replaced was located . I was informed by my insurance agent that the signature of guarantee was forth coming. Approximately three weeks later, The lien holders respond with no such signature, after that stating my contract excludes me from satisfying a replacement deal if it was not the original dealer. Who they know and have done business with. They knew I was unable to get anything from the original dealer. I had an attorney examine contract. Could not find any such exclusion. Next my insurance company refused repairs to damaged vehicle and settled with the finance company . Next they sold the vehicle, did not apply any dollar amount towards principle, and then sold the debt to another company. The ones harassing me and putting a strangle hold on my credit. I believe their was some entrapment involved. Finally, I understand missing my court appearance was an avoidable accident. I have doctor statements that might help. Does any of this even matter ? Is their no JUSTICE! "THANX"

I have problems with my back. I was rear ended while sitting at a stop light. The doctors told me with my young age and with treatment I would heal gradually. That was eight years ago. All Im saying is the pain seems to hang around with or without surgery, Ive had six minor. Most times I go to work I try to block it out . Weight control - Proper body mechanics - Less stress - And a good nights sleep, may help you to get the most out of your day. It works for me.

Need more replies. Has anyone had success in similar cases. If I settle up with the creditor, can I counter sue? Also, Is there a chance my case could still be heard despite all of my blunders? If the judgement can't be vacated, what's the best advice for settling up, Payment plan or Garnishment ? Check "original case info"

[Fr_Chuck]

I am assuming all of your law suit issues are related, I have tried to merge them into one posts but you really need to go back and include it in a better format to make more sense.

[ScottGem]

Yes you can file to vacate the judgement. Whether you win or not is a different issue.

You do NOT have to fill out that citation of assets. That would be doing the creditor's job for them. Let them find your assets, don't give it to them.

As for the car business, something doesn't make sense. I don't believe there is entrapment, but if your insurance policy called for replacement, then it shouldn't matter where they got the replacement. Talk to your state's Insurance Dept and see if they can help.

[excon]

Need more replies... If I settle up with the creditor, can I counter sue? Also, Is there a chance my case could still be heard despite all of my blunders?

Hello again, sirbaron:

Let me see if I can help you. I really want to, but you're not paying attention. I know this is going to piss you off... So be it.

You're living in fantasyland. You need to check in with planet earth. Maybe if you were more in touch with the things going on around you, you wouldn't be in this trouble. But, you have a history of ignoring the obvious!

Change up, dude! Or, you're life is going to look this episode.

In the real world, where WE all live, nobody can tell anybody, if they are going to win a case, or not. YOU want an answer that can't be given. So, you're going to ask again, and again, and hope that we too, live in fantasyland. We don't.

I'm not a lawyer. But, even if I was, I couldn't tell you what would happen with your case. If somebody could - anybody - then we wouldn't need courts, and OJ would be in jail. Plus, you keep talking about your original case as though it matters. It doesn't! What matters are the court rules - nothing else.

All I (or anyone else) can tell you, is that in order for your question to be answered, you need to get back in front of a judge. It takes lawyerly skills to accomplish that. You don't have 'em!

Therefore, in the real world, you have three choices: 1) Hire those skills, 2) do it yourself, or 3) give up. You're not going to do #1. You can't do #2. You don't like #3.

That's all we got. There ain't no more. You're done.

excon

[sirbaron]

excon[Thanks for the reality check - I like choice #1] I'll find the $$$.