Author Topic: Assistance  (Read 5142 times)

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KNINE

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Re: Assistance
« Reply #30 on: October 03, 2009 04:55:25 PM »
Is there a SOL on my response if I was not served? On one of them I may have been if I was, is there a SOL on that? Should I look for other issues if so what? {AAAAAAAAAAAAAAAAAAAHHHHHHHHHH}

Flyingifr

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Re: Assistance
« Reply #31 on: October 03, 2009 07:05:37 PM »
First steps first - Motion to Vacate.

Start preparing defenses and Counterclaims, they come next
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

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Kitten

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Re: Assistance
« Reply #32 on: October 04, 2009 12:14:26 AM »
There may be limitations in statute or court rules on how long after the judgment you can ask for it to be vacated, but they can't enforce such limits in a 'defendant never received notice' case without stomping on the defendant's due process rights.

Rottweiler

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Re: Assistance
« Reply #33 on: October 04, 2009 06:26:07 AM »
There may be limitations in statute or court rules on how long after the judgment you can ask for it to be vacated, but they can't enforce such limits in a 'defendant never received notice' case without stomping on the defendant's due process rights.

It depends on how effectively the defendant can show the court that the court never had jurisdiction over them due to non service of process.  If they can show that the court never had jurisdiction?  They win, and that's easy enough to do.  Just tear apart the Certificate of Service to show where the lies are, and... :) .

What you are thinking of, Kitten, is extension of the time to vacate due to fraud.  That is a lot longer than for, let's say, excusable mistake.  Nevertheless, the main argument IS fraud and fraud on the court for lying about the non-service of process (perjury), NOT lack of due process.
« Last Edit: October 04, 2009 06:28:07 AM by Rottweiler »
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KNINE

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Re: Assistance
« Reply #34 on: October 04, 2009 10:07:09 AM »
It looks like one of them would be a no brainer as far as service to me, they didn't. If there is such a thing. Another one I'm not sure if it's such a lock but I wasn't served. The last I'm still trying to understand.
So motion to vacate- OK now I actually have to do something of which I haven't a clue. Back to Method reading, yes? Thanks for the responses I appreciate any input.

itsmeagain

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Re: Assistance
« Reply #35 on: October 04, 2009 11:34:19 AM »
Old Chinese Proverb: "The longest journey begins with the first step".

You have taken the first step by coming here and asking for help.  Now, simply put one foot in front of the other until the journey is over.

It's really just that simple.

Take ONE issue at a time.  Kick butt.  Lather, rinse, repeat.

Start with the no-brainer.  Study your local rules. File the Motion to Vacate, as suggested above.

Use the time now to start preparing defenses and Counterclaims.

Read The Method . . . . BE The Method.

Cash the check you will receive for your trouble.

Post the results in the "Wall of Shame".

Enjoy your success, you will have earned it.

And don't forget to return here to help others similarly situated . . . . we all came this way.

Time is your friend, use it wisely.

Good Luck

KNINE

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Re: Assistance
« Reply #36 on: October 06, 2009 02:53:21 PM »
Can someone please point me a link on filing a motion to Vacate.

KNINE

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Re: Assistance
« Reply #37 on: October 15, 2009 10:07:11 PM »
I cannot do this! I just called Debt Consolidation Cares they are a call center in India I'm already dealing with a lawyer on a different issue who I have paid and are having to pay alot to settle a housing issue. I have pulled my Credfit reports they are riddled with errors, it's just to much for one person to do!


Mischievous Smurfy

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Re: Assistance
« Reply #39 on: October 15, 2009 10:33:45 PM »
KNINE... how do you eat an elephant?  One bite at a time.

Start with the getting the judgment vacated .... then pick something, send whatever letter to whoever you decide to send it too, then move on to the next issue.

I suggest starting one thread for each issue ...  come back to that thread for further help or updates.  You can even create links to all your threads to find them easier.
Ease of Use - Smurfy's Quick Reference


why are we requesting validation instead of disputing???  Why Why Why

 

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