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

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Anonymous
Not applicable

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


@terren2000 wrote:

"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

 


Go to court and tell the judge that those scumbags should be ordered to go Edited!

 

Please keep things G-rated.

 

Thank you!

 

--fused

 

Their issues are moot.  They had the opportunity to compel compliance, but consistently failed to appear in court to do so.  It's only through their incompetence that they lost money.

 

Also, go through the FDCPA real crefully and see if anything mentioned applies to your case.  Any violation -- real or imagined -- counter sue them for $1k per violation.  Maybe if I have some free time at work this morning I'll look and see what may apply, but you go ahead and give it a look first.  Also, didn't they fail to respond to some of your discovery requests?  Countersuit sounds applicable.

Message 41 of 45
terren2000
Regular Contributor

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

Just saw this online.

 

08/30/2010 REJECT SHEET SENT TO (LVNV FUNDING) LLC FOR REJECTION OF
MOTION - COURT ORDERED CASE DISMISSED ON 08/17/10.
SUBMITTED ON 08/24/10

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


Starting Score: 620
Current Score: 789
Goal Score: 800


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Message 42 of 45
Anonymous
Not applicable

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

I know that I am coming into this conversation almost a year late but I was hoping to get some advise.  If I should open a new thread please advise me.  I have had similar issues with the SAME group, namely LVNV for Sears.  After reading several different threads I have decided to hire an attorney/paralegal to help me fight them on the grounds of Vacating the Judgement due to lack of service.  I recieved the summons in Virginia where I currently live only days before the actual day to appear in court was scheduled... in UTAH.  There is/was no way that I could get to Utah in that short of time, nor could I have afforded it. 

 

My question is... in order to file for a vacate of judgement do I have to go to Utah to do it or can I do it from Virginia? 

 

Thank you so much for EVERYTHING.  I have learned so much from this site and I am hoping to have several items removed from my credit soon.  My dream... I have finally graduated college and as a single mom I want to buy a house for my four children and myself... I need to get my credit taken care of first so I am highly motivated to do what I must.  My current TU FICO is 630 the others are 602 and 603.  Thanks again for any advice!

Message 43 of 45
Anonymous
Not applicable

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


@Anonymous wrote:

I know that I am coming into this conversation almost a year late but I was hoping to get some advise.  If I should open a new thread please advise me.  I have had similar issues with the SAME group, namely LVNV for Sears.  After reading several different threads I have decided to hire an attorney/paralegal to help me fight them on the grounds of Vacating the Judgement due to lack of service.  I recieved the summons in Virginia where I currently live only days before the actual day to appear in court was scheduled... in UTAH.  There is/was no way that I could get to Utah in that short of time, nor could I have afforded it. 

 

My question is... in order to file for a vacate of judgement do I have to go to Utah to do it or can I do it from Virginia? 

 

Thank you so much for EVERYTHING.  I have learned so much from this site and I am hoping to have several items removed from my credit soon.  My dream... I have finally graduated college and as a single mom I want to buy a house for my four children and myself... I need to get my credit taken care of first so I am highly motivated to do what I must.  My current TU FICO is 630 the others are 602 and 603.  Thanks again for any advice!


You can file your motion through the mail, but if the court orders a hearing you or your attorney will have to appear in Utah.

Message 44 of 45
Anonymous
Not applicable

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

Ugh... that would be very troublsome.   Thanks for the info though!

Message 45 of 45
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