Author Topic: RAB Performance Recoveries - Recieved summary judgement no court date  (Read 7622 times)

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Drew

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I filed all of my motions, court date was set for August 22, 2008. I called the court to confirm to make sure nothing funny was going on, I was just notified that the judge granted summary judgement against me. HOW when we haven't gone to court and I requested to be heard in all of my filings. I know I need to file a request to vacat summary judgment, but how could this happen where I do not get to be heard in court and present my evidence. These people have not provided me with ANYTHING. Haven't even answered my interrogatories or provided any discover documentation.

Flyingifr

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Re: RAB Performance Recoveries - Recieved summary judgement no court date
« Reply #1 on: August 14, 2008 08:27:19 PM »
Get a copy of the Motion for Summary Judgment and address in your Motion to Vacate Summary Judgment all the reasons why the statements in their Motion are false - that there are still issues of law and fact to be decided, that there are still Discovery issues outstanding and that some of the statements made in the Motion for Summary Judgment, if sworn to, may be perjury.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Morality of Debt? No one ever went to the Nether Regions for not paying a debt.

Founder of the Credit Terrorist Training Camp (Debtorboards)

Drew

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Re: RAB Performance Recoveries - Recieved summary judgement no court date
« Reply #2 on: August 14, 2008 08:37:37 PM »
thats just it, I never received anything in the mail. I just spoke to the clerk to ask if I will receive a copy, she indicated that it went to my old mailing address ( i moved august 1 and made sure I updated everyone) so I don't know what they put in there.

Flyingifr

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Re: RAB Performance Recoveries - Recieved summary judgement no court date
« Reply #3 on: August 14, 2008 08:44:26 PM »
[GO to the Court and get a copy.
« Last Edit: August 14, 2008 08:46:12 PM by Flyingifr »
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Morality of Debt? No one ever went to the Nether Regions for not paying a debt.

Founder of the Credit Terrorist Training Camp (Debtorboards)

Drew

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Well I feel as if i jumped one hurdle now what.

I went to court today on my motion to Vacate Summary Judgement. The judge granted it because the attorneys did not appear, they actualy sent a letter to the court last week that they will wait to hear judgment by mail.

NOW WHAT, since the judge vacated the judgement, whats my next step? I'm assuming that i should file a motion to dismiss the case with prejudice?

Mischievous Smurfy

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Re: RAB Performance Recoveries - Recieved summary judgement no court date
« Reply #5 on: October 10, 2008 01:55:32 PM »
The judgment is vacated ... it is as if it never happened ...

you do nothing ... unless and until you are served again.
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why are we requesting validation instead of disputing???  Why Why Why

Kitten

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Re: RAB Performance Recoveries - Recieved summary judgement no court date
« Reply #6 on: October 10, 2008 02:08:52 PM »
I would say that vacating the summary judgment is the same as denying the motion, or in other words, the same situation you were in before they made the motion. Unless the case is dismissed, it should still be open, shouldn't it?

Drew

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Re: RAB Performance Recoveries - Recieved summary judgement no court date
« Reply #7 on: October 10, 2008 02:45:55 PM »
So should i push the issue and file a motion to dismiss the case with prejudice? Would it matter? They can always refile and or resell the debt and i will be right back where i started before?

Focus2069

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Re: RAB Performance Recoveries - Recieved summary judgement no court date
« Reply #8 on: October 14, 2008 11:27:58 PM »
So should i push the issue and file a motion to dismiss the case with prejudice? Would it matter? They can always refile and or resell the debt and i will be right back where i started before?

the case was over with the summary judgment.  the judgement was then vacated, ie: it was like they never sued you in the first place.



you are starting over.

Drew

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Re: RAB Performance Recoveries - Recieved summary judgement no court date
« Reply #9 on: October 22, 2008 08:20:23 AM »
Apparently, this case is not over yet. I had another motion to deny the application to garnish my check. I still have to appear in court for that one on friday according the court clerk, even though the judge granted my motion to vacate the judgement. The crooks sent a letter to the court indicating that they will not be at the hearing but instead they will wait for the motion by mail. Should I move forward with submitting a request to dismiss this case and also file a counter claim?

I just want to beat these people at their own game. I could see them selling this account to another Junk Debtor like Pressler.

Flyingifr

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Re: RAB Performance Recoveries - Recieved summary judgement no court date
« Reply #10 on: October 22, 2008 10:15:50 AM »
Apparently, this case is not over yet. I had another motion to deny the application to garnish my check. I still have to appear in court for that one on friday according the court clerk, even though the judge granted my motion to vacate the judgement. The crooks sent a letter to the court indicating that they will not be at the hearing but instead they will wait for the motion by mail. Should I move forward with submitting a request to dismiss this case and also file a counter claim?

I just want to beat these people at their own game. I could see them selling this account to another Junk Debtor like Pressler.
Let me see if I understand this:

There is a Motion to Garnish your income based upon a Judgment that has been vacated?

And you are not suing them for the obvious FDCPA violation and demanding the Court sanction the attorney and filing a complaint with the Bar Association Ethics Committee against the lawyer for this?
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Morality of Debt? No one ever went to the Nether Regions for not paying a debt.

Founder of the Credit Terrorist Training Camp (Debtorboards)

Drew

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Re: RAB Performance Recoveries - Recieved summary judgement no court date
« Reply #11 on: October 22, 2008 11:13:45 AM »
No I haven't, but sounds like I need too. But yes, i still have to appear in court for the garnishment motion on a vacated judgement because they did not combine the two motions together.

Thanks for the help.
« Last Edit: October 22, 2008 11:15:20 AM by jazzyjoi1 »

Drew

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Re: RAB Performance Recoveries - Recieved summary judgement no court date
« Reply #12 on: October 24, 2008 01:44:14 PM »
I went to court today on the Garnishment motion. The judge was puzzled as to why his clerks did not dismiss this case considering he vacated the judgement. So now i guess i will wait to see what these crooks are going to do now.

Focus2069

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Re: RAB Performance Recoveries - Recieved summary judgement no court date
« Reply #13 on: October 27, 2008 11:23:02 PM »
I went to court today on the Garnishment motion. The judge was puzzled as to why his clerks did not dismiss this case considering he vacated the judgement. So now i guess i will wait to see what these crooks are going to do now.

before, or after you file your own lawsuit against them.....?