Complicated question

[sunnyday]

LVNV got a judgement for a sears collection that I disputed because of fraud.  I got the sears deleted, and credit bureau sent me a letter stating that it was deleted because upon investigation, discovered it was a fraudulant account.  My question is this, If it was proven that the sears account was a fraud account, how can LVNV have a judgement on me for the same account.  Do I now have the proof to file a motion to vacate the judgement because it was a fraudulant account?

[Anonymous]

I would say yesssss. I have never had to deal with legals,so Im sure that one of the PRO's can help you.

good going & good luck

[Anonymous]

Wow...hold that letter you got your proof right there...This should definitely be easy..

[sunnyday]

Tusc, Noah, New World Man?  What is your imput on this? 

[Anonymous]

My understanding is the judgement is a separate item in that it was probably issued without the fraud issue being raised. Sears lawyers petitioned the court to get a default judgement against you. They are supposed to let you know so you can defend yourself but hardly ever do. Judge declares you guilty because you are not there in court.

In the mean time you clear it up with Sears and credit bureau. If you take the proof to the court judgement should be vacated.

[Anonymous]

I believe that BOB is correct.

Check all the dates to be sure,

It is my understanding that it is the creditor that notifies the CRA of legal issues.( please CORRECT me if I am wrong)

I am waiting for a reinvestication on a foreclosure.

The foreclose. is correct, however.... state statue says that it should say PAID...it doesn't.

If it is still on my CR I was going to MOV the CRA. My motive being...it is up to thr CRA to be sure that all info.reported is correct. I would then send ITS letter to CRA. Why would I try DV or whatever to the bank. They reported incorrect to begin with & this will be 2nd dispute.Also the courthouse is 1300 miles away

I really want input on this!

Message Edited by HappyDays on 07-29-2007 07:39 PM

[sunnyday]

bump

[Anonymous]

sunnyday,

Your question: Do I now have the proof to file a motion to vacate the judgment because it was a fraudulent account?

What you have is circumstantial evidence of (civil) fraud. Do you have or can you find direct evidence?

You do have sufficient evidence however to File your Motion (in some states it's called a Motion to Set Aside in others it may be called a Motion to Vacate).

I would try to strengthen my Fraud case as much as possible by supporting the Fraud outcome with levels of Negligence. If you have a Default Judgment you are likely to have to overcome the reason for Default prior to getting the Fraud issue heard by the Judge. Secondly, newly discovered evidence of Fraud does go along way in getting the Judge to rehear the case.

Still a good idea to get an attorney to represent you because there are many aspects to the legal system that are not visible on the surface. Fairness, Equity and Justice are not always as clear cut as they may otherwise seem. That is, your opposition sometimes will take a simple thing and make it very complicated.

Peace.

[Anonymous]

PS:  Once you File your Motion to Set Aside or to Vacate, one of two things will happen either the Judge will deny your Motion and the Judgment will remain or the Judge will grant your Motion and a hearing will be scheduled to hear your reasons and legal grounds as to why the existing Judgment should not hold.

[Anonymous]

Does the letter from the CRA indicating fraud state the account number? Do you have anything from the CA showing the same account, or does that same account number appear in any of the papers connected with the judgment?

Seems you have a rather solid piece of preponderance. Was the judgment obtained in small claims, superior, or some other court?