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Credit Card Judgement
- Thread Starter sfrank
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army judge
Super Moderator
I can't see your state on Tapatalk.
In what state do you reside?
If you live in Texas or Florida, there is very little the creditor can do to you. They can't levy against your earnings, bank account, or car. They can put a useless lien on your home. But, they can't force it to be sold.
In other states, they are also limited. But, they can attach your wages, your car, bank accounts, etc..
I'll investigate further when I get to my computer.
army judge
Super Moderator
New York isn't a very friendly state to debtors. You might want to retain a lawyer.
In NY your wages can be levied against, your bank account can be attached, your car can be seized, your home can also be seized (assuming you don't have a mortgage lender), and many other actions can be taken to harm your finances and credit.
At least, talk to a lawyer. Investigate your rights and potential defenses, including an appeal.
army judge
Super Moderator
You may NOT have a job now, but when you get a job, they will coma after you.
Rest assured, they will relentlessly pursue you.
If they did not have that intention, they would never have sued you.
As long as your home is mortgaged, it will be very hard for them to foreclose.
That would adversely affect an innocent party, your lender.
Without having access to the legal documents in this case, I can't advise you as to what your grounds for appellate relief could be.
I can say, that in MOST cases, there are always grounds for appellate relief.
You need an attorney.
You might want to ask a relative or friend to help you obtain one.
Otherwise, this nightmare will ONLY get worse.
You might contact your local legal aid office.
They might not represent you, but they will often give you specific guidance as to how you can help yourself.
You could also try contacting a nearby law school.
They will often give people free (or low cost) legal advice.
You don't say who this creditor is nor the "law" firm that sued you. Gimme an idea who it was and I might have some pointers for you. There has been quite a bit of attention given to 3rd party junk debt buyers in New York. Do you dispute the validity of the debt? When you inquire about the possibility of settlement it sounds as though you agree with the validity of the debt but then when you ask if you can appeal then that makes it sound as though you disagree with the judgment and refute it being for a valid debt of your that you have knowledge of.
So its confusing where you are at and where you want to go. Is the debt yours? What are the facts in dispute that feel might open the door to an appeal?
More info please as to your agreement whether you owe the debt.
More info what's in dispute that would open the door to appeal.
http://www.nydailynews.com/opinions/2010/06/20/2010-06-20_rein_in_wild_debt_collectors.html
http://www.nydailynews.com/opinions/2009/07/27/2009-07-27_junk_judgments.html
http://www.nydailynews.com/news/200...to_crack_down_on_crooked_debt_collectors.html
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Was there by chance an AFFIDAVIT introduced as part of the "evidence" to get the judgment?
These affidavits are worthless and any judge doing his job would know that and deal with it.
http://www.debtconsolidationcare.com/collection-agencies/thread70346.html
MOST if not all of these judgments are groundless and you definitely need to fight it. Screw them because they are screwing you.
Don't believe everything you read on these forums either because the debtor in the above-linked example was told the affidavit was a shoe-in to take him to the cleaners.
Everyone is hearing all about the robo-signers in the mortgage/foreclosure fiasco, the worthless and meaningless affidavits, these ARE THE SAME THING just about junk debt and not about mortgages. They are just as worthless as the ones in the mortgage/foreclosure disgrace.
DO NOT BELIEVE everything you hear it could cost you big time.
Don't trust anybody, not even the judge. He might be a good one who will look out for you or he might be a crook like the one in my case who lied and changed the court date so I wouldn't show and he and his cohort could swoop in to get a default judgment even though there is NOT ONE SINGLE SOLITARY PIECE OF CREDIBLE EVIDENCE. There is this affidavit which proves nothing, its from some taco line crew worker who overnight became a legal specialists and does nothing but sign affidavits all day long saying she knows what she's talking about and these are my debts.
They are required to produce all kinds of documents to prove you owe these debts, they need a contract with your signature showing the terms etc. and not a BLANK CONTRACT that is LIKE the one they allege you signed, they need charge slips, all kinds of stuff but if you get a worthless piece of trash judge he will sign anything just like mine did.
The judge who perpetrated this on me is actually guilty of a criminal offense, i.e. fraud for starters and i hope and pray that SOMEBODY SOMEDAY (if not me) takes that low-life scum sucker out.
I filed a complaint with the only people able to investigate and they asked if I had a witness at court. I didn't know UNTIL NOW you need a witness for everything even in a court of kangaroo law. They oddly enough aren't interested in hearing the tape transcript when he gave me the wrong date. How you going to investigate if you don't read/listen to the evidence?
Just another kangaroo court.
These affidavits are worthless and any judge doing his job would know that and deal with it.
http://www.debtconsolidationcare.com/collection-agencies/thread70346.html
MOST if not all of these judgments are groundless and you definitely need to fight it. Screw them because they are screwing you.
Don't believe everything you read on these forums either because the debtor in the above-linked example was told the affidavit was a shoe-in to take him to the cleaners.
Everyone is hearing all about the robo-signers in the mortgage/foreclosure fiasco, the worthless and meaningless affidavits, these ARE THE SAME THING just about junk debt and not about mortgages. They are just as worthless as the ones in the mortgage/foreclosure disgrace.
DO NOT BELIEVE everything you hear it could cost you big time.
Don't trust anybody, not even the judge. He might be a good one who will look out for you or he might be a crook like the one in my case who lied and changed the court date so I wouldn't show and he and his cohort could swoop in to get a default judgment even though there is NOT ONE SINGLE SOLITARY PIECE OF CREDIBLE EVIDENCE. There is this affidavit which proves nothing, its from some taco line crew worker who overnight became a legal specialists and does nothing but sign affidavits all day long saying she knows what she's talking about and these are my debts.
They are required to produce all kinds of documents to prove you owe these debts, they need a contract with your signature showing the terms etc. and not a BLANK CONTRACT that is LIKE the one they allege you signed, they need charge slips, all kinds of stuff but if you get a worthless piece of trash judge he will sign anything just like mine did.
The judge who perpetrated this on me is actually guilty of a criminal offense, i.e. fraud for starters and i hope and pray that SOMEBODY SOMEDAY (if not me) takes that low-life scum sucker out.
I filed a complaint with the only people able to investigate and they asked if I had a witness at court. I didn't know UNTIL NOW you need a witness for everything even in a court of kangaroo law. They oddly enough aren't interested in hearing the tape transcript when he gave me the wrong date. How you going to investigate if you don't read/listen to the evidence?
Just another kangaroo court.
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Patricia_Young
New Member
Sure didn't sound to me like the OP was questioning that she owes the money.
Sounded to me like someone concerned (understandably) about the repercussions and whether or not she will lose her home. All perfectly reasonable thoughts and feelings imo.
Patricia_Young
New Member
The OP needs her own attorney. There is NO indication in the OP's post that there is any doubt that she owes the money.
Let's see if I understand you, you were being sued and lost. Now your question is that you have a home that you own jointly with someone else. You want to know if they can sell your jointly owned house because of a judgment on an account that you alone are listed as owing. Then that's the issue, a jointly owned house and you being the sole debtor listed on a judgment.
It's not clear whether you acknowledge owing the debt or if you are denying knowledge of the debt or maybe that was paid previously.
But irrespective of the debt being correct which doesnt seem your current source of concern, what you are questioning is whether you could lose a jointly owned house because of your judgment against you only.
Am i reading your concern correctly?
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Thank you KC Girl,
Yes at this point it's irrelevant whether or not I owe the debt....I lost.
Yes they had a robo-signer that had personal knowledge of my account but of course the information provided in the affidavit was completely wrong and the judge didn't seem to care. I am sure the robo-signer is a complete idiot and never even viewed my case, exactly like the mortgage lenders affidavits, all bs.
I suppose I could try and appeal but the back up statements were mine so I don't really see getting off on a technicality, do you.
What do you think.
Thank you
Yes at this point it's irrelevant whether or not I owe the debt....I lost.
Yes they had a robo-signer that had personal knowledge of my account but of course the information provided in the affidavit was completely wrong and the judge didn't seem to care. I am sure the robo-signer is a complete idiot and never even viewed my case, exactly like the mortgage lenders affidavits, all bs.
I suppose I could try and appeal but the back up statements were mine so I don't really see getting off on a technicality, do you.
What do you think.
Thank you
I left you an answer but the system doesn't appear to be working right and ate it. I'll answer more fully later but if I were you I would do a motion to vacate the judgment for insufficient/erroneous evidence. Gotta run but I will write more later. I'm not an attorney just someone who has been where you are. Don't make any payments or acknowledge the debt.
I will get back with more info later today/this evening.
Here are some links to get you started. Not everything will fit your circumstances but I'm sure some will. If you have more questions after studying these downloads you can always come back for more help. Remember, it can't hurt to try, you'll at least have a chance. On the other hand, if you don't try you got what you got. You said you tried to explain/dispute some things with the judge but he wasn't amenable. Maybe he will be when you return or you could request a new judge. The judge in my case was anything but helpful and I'm eventually going to do a motion to vacate as well just getting some answers to some questions before I decide which road to take.
http://void-judgments.com/twenty_reasons.html
Here, among other things, is a list of requirements to prove your debt, if some or all are missing then you can include those among your reasons for a vacated judgment.
http://void-judgments.com/attacking_judgments.htm
http://www.creditinfocenter.com/forms/sampleletter16.shtml
Check the above out, it is a motion to strike the Affidavit of Debt, could be helpful to you.
Again, like I said, I am not an attorney I've just been doing a lot of research and so forth and these are some of the things I found that might help you.
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