This is from a past post ! could this be used on a credit card co atty who
has gotten a judgment already??????????
The Handyman wrote:
This happened to me and all I did was file a motion for a contradictory
hearing to vacate the judgment alleging the grounds: 1)denial of a hearing
(due process) and 2) no service by the sheriff, clerk, or attorney. Look
up the service rules of your state. My state did not respond with an objection
to vacate, or show up at the motion hearing. I was granted everything requested
in my motion for failure of the state to prosecute and awarded $500 for cost.
Whether or not it will work for you is an issue you must test. I was surprised
at how easy it was and how amicable the judge was to my cause. Didn't take
but 3 minutes in court. A letter may not accomplish the same as a contradictory
hearing in open court. A motion without a request for a hearing may not
solve your problem. Going after the bond may be more complicated and prejudice
the Judge against your cause. Consider separation.
----- Original Message -----
From: Tom LaBrecque
Sent: Friday, August 19, 2005 8:35 PM
Subject: [tips_and_tricks] Removing Judgment
Has anyone had any experience getting a judgment removed from the county
The judge entered a judgment for the DOR without me present.
How can this happen without me knowing about it and not given a chance
to defend myself. The only thing that I received from the DOR regarding
this was an 'intent to file a judgment' letter which I responded to with
no response back of course. I did respond when I found out about the
judgment and got my response entered into the court case file. I also
sent the judge and the county clerk a letter stating my position but
have not received any response back from him or the county clerk to get
this fraudulent judgment removed off the record.
Is it possible to go after their bonds for going along with this
fraudulent action from the DOR?
Any tips on this?
Thanks for any help