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Default Judgement: Time Limit to Appeal? "Time sensitive"

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leah5570
Frequent Contributor

Re: Default Judgement: Time Limit to Appeal? "Time sensitive"

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The effects of waking a sleeping giant...
Message 31 of 45
terren2000
Regular Contributor

Re: Default Judgement: Time Limit to Appeal? "Time sensitive"

Went to court yesterday.

 

This is the second time the lawyers didnt show up.  I told the judge that the credit company wont release me any of the documents ive ordered.  The judge instructed me to go to self-help legal and get a "Motion to Compel" and "Inspection of Documents"/

 

ANy1 know much about why this is needed?

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Message 32 of 45
Anonymous
Not applicable

Re: Default Judgement: Time Limit to Appeal? "Time sensitive"


@terren2000 wrote:

Went to court yesterday.

 

This is the second time the lawyers didnt show up.  I told the judge that the credit company wont release me any of the documents ive ordered.  The judge instructed me to go to self-help legal and get a "Motion to Compel" and "Inspection of Documents"/

 

ANy1 know much about why this is needed?


I'd remind the judge that you are being prejudiced by the creditor's lack of respect for the court and ask for a default judgment in your favor -- which the court was very much predisposed to do when you didn't show up one time. 

Message 33 of 45
terren2000
Regular Contributor

Re: Default Judgement: Time Limit to Appeal? "Time sensitive"

Went to court today for the trial.

 

Mark D. Walsh for Legal Recovery law offices reprsenting LVNV & Sears, didnt show up for the 3rd time.

 

Judge saw me come in, there was a case before me, and I came in late.  When she saw me, she said let me see if Terren and LVNV is in court today, i spoke yes, and she called me to the front, and I didnt even get to speak.

 

She said that LVNV and Mark Walsh, had 3 opportunities to address this case, and I am dismissing this case with prejudice,

 

I ask her, is that it?  She was like yea.  I had to wait a second to make sure I didnt misinterpret anything.  Then I rolled up out of there, free of the over inflated interest they try to charge me consisteing on 5800.

 

Crazy this is I offered them $3200, and these idots didnt want to take it.  now they get nothing.  What idiots.  When they refused to take my offer, i pursued legal action because I wasnt gonna pay $5800.00

 

I want to call them so bad and gloat.  And tell him how dum they are.

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Message 34 of 45
terren2000
Regular Contributor

Re: Default Judgement: Time Limit to Appeal? "Time sensitive"

Oh.  does this mean Im scott free?

 

Can they ever come after me again on this case?

 

Can theys till put it on my credit report?

Equifax - 789 Experian - 747 (Fako) Transunion - 715


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Message 35 of 45
Anonymous
Not applicable

Re: Default Judgement: Time Limit to Appeal? "Time sensitive"


@terren2000 wrote:

Oh.  does this mean Im scott free?

 

Can they ever come after me again on this case?

 

Can theys till put it on my credit report?


1.  Well, they can still try to collect the debt, I believe, but ...

 

2.  They cannot sue you again.

 

3.  The judgment must disappear, but not sure about the collection.

 

If they give you any hassle, sue them!  You're already doing better than I am and batting 1,000.  Smiley Happy

Message 36 of 45
MarineVietVet
Moderator Emeritus

Re: Default Judgement: Time Limit to Appeal? "Time sensitive"

I've been following your story and I wanted to congratulate you for standing up for yourself. I hope you are an inspiration to others that they should fight back if they feel they are in the right.

 

WAY TO GO!!!!!

Message 37 of 45
terren2000
Regular Contributor

Re: Default Judgement: Time Limit to Appeal? "Time sensitive"

^^^

 

I read alot online, and alot of times, these collectors dont have a leg to stand on.  Everything is scare tactics.

 

before the trial, they sent me letter for inspection of documents, and I ignored it.  iw asnt about to give these bums any evidence.  Theyw ere asking me if I had any agreement with sears, and my answer was subject to perjery if wrong.

 

I ignored there requewst the same way they ignored mine.  They ahd no evidence, they were trying to get me to incriminate myself.

 

For now On im fighting everything.  One negative left.  These guys get most of their money by scare tactics and people now knowing their rights.

 

Funny thing is I offered them over $3000 for a settlement.  The bluffed and lost.

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Message 38 of 45
terren2000
Regular Contributor

Re: Default Judgement: Time Limit to Appeal? "Time sensitive"

oh and thanks to every1 for the good advice.

Equifax - 789 Experian - 747 (Fako) Transunion - 715


Starting Score: 620
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Message 39 of 45
terren2000
Regular Contributor

Re: Default Judgement: Time Limit to Appeal? "Time sensitive"

"Just when I thought I was out, they pull me back in"

 

"There back"

 

These guys wont stop.  Mark Walsh and LVNV are now coming after me for $900.00, because they said they did paperwork on this case, and I didnt respond to the paper work wihtin the 30 days alloted.

 

They are pursuing me in 'Limited Civil", in which they say i did not respond to there "Motion to Compel or Respond to Discovery" and "Order for genuiness of Documents'" and "Inspection of Documents".

 

They are saying my failure to respond resulted in them losing $250 an hour.  And they are asking for 4 hours of damage, in which they took to type the documents.

 

So they have gone from asking for $5500.00 to now trying to get what they can at $900.00

 

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Starting Score: 620
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Message 40 of 45
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