Urgent!! - 4 Potentially Negatives on my CR - Page 2

cracrap · 12-11-2007, 05:03 PM

Quote:

Originally Posted by GoldenCrab

So what does it mean to get a judgment vacated?

To surmise what I will have to do up until now:
1. Go to the court and get a copy of the file for the case on record.
2. Try and see if I can get the judgment vacated on grounds of improper service
3. Regarding my other issue (settlement offer), should I try and contact the OC about this or should I talk to the collection agency (OSI). I'm still confused.

1. yes..you must do to see who and how you were allegedly served
2.dependin on what u find out will depend on what you do next..we're here to hold hands and hug after u find out
3. whats the rush?..contact the oc first, see if they still own it since ur hellbent on payin it off...how do u know that osi has the legal right to collect? because they say so? well i say u owe me 10k, are you gonna pay me too?..what you must do with osi is demand validation, in cali,we can do this at any time, its covered under our rfdcpa...no need to rush with osi

GoldenCrab · 12-11-2007, 08:02 PM

Quote:

Originally Posted by cracrap

1. yes..you must do to see who and how you were allegedly served
2.dependin on what u find out will depend on what you do next..we're here to hold hands and hug after u find out
3. whats the rush?..contact the oc first, see if they still own it since ur hellbent on payin it off...how do u know that osi has the legal right to collect? because they say so? well i say u owe me 10k, are you gonna pay me too?..what you must do with osi is demand validation, in cali,we can do this at any time, its covered under our rfdcpa...no need to rush with osi

Sorry if I sound naive, but I really don't know how this works...
1. So I can just walk into the Santa Clara County Superior courthouse and give the clerk my case ID and she is supposed to give me a look/copy of the case file?
2. Let's hope its something repairable ;-)
3. I see no other way of getting this record (and two others written off) off my CR. This will affect my future credit applications would it not? I am looking to set my CR straight. Currently I have this judgment and 3 written off Credit card debts in the CR.

I have not tried to apply for more credit cards or even a vehicle loan as I fear they might look at my CR and reject it and that inquiry into my CR will cause my score to plunge even further down.

Hedwig · 12-11-2007, 08:11 PM

Paying them will not get them off your credit report. It will show as a paid collection, and will not necessarily help your score. In some cases it may actually hurt.

You should not pay anything until you are sure that the debt is yours, the amount is correct, and that the entity collecting is entitled to collect.

cracrap · 12-11-2007, 09:12 PM

Quote:

Originally Posted by GoldenCrab

Sorry if I sound naive, but I really don't know how this works...
1. So I can just walk into the Santa Clara County Superior courthouse and give the clerk my case ID and she is supposed to give me a look/copy of the case file?
2. Let's hope its something repairable ;-)
3. I see no other way of getting this record (and two others written off) off my CR. This will affect my future credit applications would it not? I am looking to set my CR straight. Currently I have this judgment and 3 written off Credit card debts in the CR.

I have not tried to apply for more credit cards or even a vehicle loan as I fear they might look at my CR and reject it and that inquiry into my CR will cause my score to plunge even further down.

1.take baby steps...one at a time... to the clerks office, youll ask for the copy of your case#, bring pad and pen to copy the info or pay them to make copies
2. we'll soon see
3. though u dont see how, our collective consciousness may be able to pierce the veil

GoldenCrab · 12-12-2007, 10:19 PM

Quote:

Originally Posted by cracrap

1.take baby steps...one at a time... to the clerks office, youll ask for the copy of your case#, bring pad and pen to copy the info or pay them to make copies
2. we'll soon see
3. though u dont see how, our collective consciousness may be able to pierce the veil

1. I took baby steps to the clerks office :-) and got out my case file and made copies of all "relevant" pages - a.k.a - all pages except the ones with the terms and conditions from the credit card agreement that they presented as exhibit (the fine print).
As Proof of service: The private agent who has claimed to have served has specified that he did not serve it to me in person but served it to a JANE DOE/CO-TENANT (refused to give name).
Second was a proof that the person sent it to my name and the address through first class mail.

And so, the clerk defaulted the judgment as I did not respond within 30 days and the judgment was passed before CMC.

Please let me know what else would help you from the papers I got. I don't know what else is needed/important.

Pale Rider · 12-12-2007, 10:36 PM

Quote:

Originally Posted by GoldenCrab

As Proof of service: The private agent who has claimed to have served has specified that he did not serve it to me in person but served it to a JANE DOE/CO-TENANT (refused to give name).
Second was a proof that the person sent it to my name and the address through first class mail.

Did you have a co-tenant at the time?

What was the proof of delivery by mail? Return receipt signed? Was it the correct name and address?

GoldenCrab · 12-12-2007, 10:40 PM

Quote:

Originally Posted by Pale Rider

Did you have a co-tenant at the time?

What was the proof of delivery by mail? Return receipt signed? Was it the correct name and address?

The time frame was May 06. I was not even in the country. It is my cousin's house. And my cousin says she did not receive any such service. But it does mention in it an approx definition of her. Black hair, female, 40, east asian. Could they have just made this up?

The mail was not return receipt signed. It just says mailed by first class mail.

Pale Rider · 12-12-2007, 10:54 PM

CALIFORNIA CODE OF CIVIL PROCEDURE

Scroll down to Chapter 4 for rules on service, who can be served, manner of service, etc...

Sorry, forgot about the out of country part. Did you have mail forwarded to cousin's house before you left the country?

Pale Rider · 12-12-2007, 10:58 PM

I skimmed through quickly. Mail service should have form included that should be signed and returned, otherwise they have to show court reasonable proof it was delivered.

The service on cousin seems weak if you were out of country. How did they know she was related, and had a way to contact you if in fact she was served?

GoldenCrab · 12-12-2007, 11:01 PM

Quote:

Originally Posted by Pale Rider

I skimmed through quickly. Mail service should have form included that should be signed and returned, otherwise they have to show court reasonable proof it was delivered.

The service on cousin seems weak if you were out of country. How did they know she was related, and had a way to contact you if in fact she was served?

The point being, she did not disclose that she was my cousin. She said no such person by my name is here and refused. The information that she is my cousin is for you to know. So from their standpoint she is some random X that they assumed to be my co-tenant.

Also, like I said before, there is no proof of service by mail. Let me check that form again and get back to you!

GoldenCrab · 12-12-2007, 11:09 PM

It says this:

On May 30, 2006, after substituted service under section CCP 415.20 (A) or 415.20 (B) or FRCIV.P.4(D)(1), was made, I mailed a copy of the ".... all docs.." to the defendant in said action by placing a true copy thereof enclosed in a sealed envelope with First Class postage threon fully prepaid in the United states Mail at "my address"

Pale Rider · 12-12-2007, 11:24 PM

All that, along with the fact you were out of country does not look good for them. You may want to talk to some local attornies to see if you can get it vacated.

GoldenCrab · 12-12-2007, 11:48 PM

Quote:

Originally Posted by Pale Rider

All that, along with the fact you were out of country does not look good for them. You may want to talk to some local attornies to see if you can get it vacated.

okay thanks! let me try to get a hold of someone. Any recommendations? Do attorneys charge for consultation or only if I ask them to help me get this judgment vacated?

Pale Rider · 12-12-2007, 11:56 PM

Some will consult for 1 free visit to see if you have a case.

Try Find an Attorney for attornies in your area that deal with consumer issues.

Also, check the bar association for referrals Find an Attorney

If you can't afford an attorney, you may be able to get help from a local legal aid group. Welcome to LawHelpCalifornia.org

GoldenCrab · 12-13-2007, 01:33 AM

thx much!! will get back here with what i find.

GoldenCrab · 07-23-2008, 05:48 PM

Hi all:
Update and a question:

I decided to go for settling the judgment and call the plaintiff's LLC and we agreed upon an amount and I paid it and received the settlement letters from them. :-)

Question is, now, I am trying to work out with them whether to file a Satisfaction of Judgment or file a stipulation (for a fee of $200) and get the judgment dismissed/vacated so I can use it to try and remove from credit report.

Has anyone tried the stipulation method after the default judgment has been entered in the credit report? Has it worked?

Please let me know.

Again, I am in California.