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RE: [tips_and_tricks] writ of possession question

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  • *
    It would be helpful to know the state this is in and whether or not the loan agreement contained a clause for confessed judgment in the case of a default. I
    Message 1 of 5 , Jan 24, 2003
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      It would be helpful to know the state this is in and whether or not the loan
      agreement contained a clause for "confessed judgment" in the case of a
      default. I do think that Writ Of Possession is improper, it should have
      been a Writ of Attachment.

      Let me know what state and I will see if I have some info on it.

      Gary

      -----Original Message-----
      From: Jim [mailto:jim@...]
      Sent: Friday, January 24, 2003 4:25 PM
      To: tips_and_tricks@yahoogroups.com
      Subject: [tips_and_tricks] writ of possession question


      Hello tips_and_tricks@yahoogroups.com,

      I need some help in answering a court ordered "writ of
      possession" which was issued without a court ordered
      judgement.

      Is the writ of possession by its self a judgement?

      The writ was submitted to the court by the plaintiffs counsel
      to try to collect on a loan made to a corporation.

      This debt has been through the private administrative remedy
      of debt cancelation verification and validation process.
      Which was never answered by the bank or its collection agent
      an attorney.(All documentation waw entered in record but
      ignored by the courtalong wit some other lengthy affidavits)

      What the deffinition says:
      "writ of possession. A writ issued to recover the
      possession of land."
      Black's Law Dictionary, Seventh Edition, page 1605.

      There is no land involved only equipment - there is a
      leased restaurant with the landlord with whom all rents
      are current.This landlord has no involvement in the loan
      having no connection with it in any way,

      Is the writ of possession valid with out the judgement
      and is it valid where no land is involved?

      My thoughts on the answer - take to higher court a suit to
      vacate a void judgment in a collertal attack or is there
      some way to go back to the original court to have it set
      aside for fraud.

      I need some advise on this -Please

      thanks

      Jim Parks mailto:jparks@...



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    • John <genman_2000@yahoo.com>
      Seems to me a writ of Possession would be a post judgment action, otherwise there is no right of possession. I think you can kick this with the record. Go to
      Message 2 of 5 , Jan 24, 2003
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        Seems to me a writ of Possession would be a post judgment action,
        otherwise there is no right of possession. I think you can kick this
        with the record. Go to your local place where the court clerk
        registers the suits in the court. Have her/him do a search in the
        record for evidence of any suits, or judgments filed against you. If
        there are no judgments or suits that you did not respond too then
        have the court clerk sign and seal a statement that says just that.
        The clerks sealed statement is called self authenticating evidence in
        the court. If there are no hearings scheduled motion the court for a
        evidentiary hearing - you evidence will show that there is no
        judgment. Then motion the court to quash the writ of possession. If
        the folks are going to take possession very soon you might have to
        file a motion like a stay pending review. Another way to do it is
        the court has already issued the writ you could file a motion for
        reconsideration. Be sure and look up what has to be shown in the
        motion for reconsideration. But I can about tell you that you have
        to show new evidence - or a decision that is manifestly unjust. Be
        sure to inclose a statement that requests the court to take the
        evidence presented in this motion as evidence in the case. Have all
        documents notorized. This action changes the way the court looks at
        filings.
        Hope this helps..
        John



        --- In tips_and_tricks@yahoogroups.com, Jim <jim@s...> wrote:
        > Hello tips_and_tricks@yahoogroups.com,
        >
        > I need some help in answering a court ordered "writ of
        > possession" which was issued without a court ordered
        > judgement.
        >
        > Is the writ of possession by its self a judgement?
        >
        > The writ was submitted to the court by the plaintiffs counsel
        > to try to collect on a loan made to a corporation.
        >
        > This debt has been through the private administrative remedy
        > of debt cancelation verification and validation process.
        > Which was never answered by the bank or its collection agent
        > an attorney.(All documentation waw entered in record but
        > ignored by the courtalong wit some other lengthy affidavits)
        >
        > What the deffinition says:
        > "writ of possession. A writ issued to recover the
        > possession of land."
        > Black's Law Dictionary, Seventh Edition, page 1605.
        >
        > There is no land involved only equipment - there is a
        > leased restaurant with the landlord with whom all rents
        > are current.This landlord has no involvement in the loan
        > having no connection with it in any way,
        >
        > Is the writ of possession valid with out the judgement
        > and is it valid where no land is involved?
        >
        > My thoughts on the answer - take to higher court a suit to
        > vacate a void judgment in a collertal attack or is there
        > some way to go back to the original court to have it set
        > aside for fraud.
        >
        > I need some advise on this -Please
        >
        > thanks
        >
        > Jim Parks mailto:jparks@p...
      • Jim
        Hello *, It was issued by IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE, CENTRAL JUSTICE CENTER In the Loan agreement there is no such
        Message 3 of 5 , Jan 25, 2003
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          Hello *,
          It was issued by IN THE SUPERIOR COURT OF THE STATE
          OF CALIFORNIA COUNTY OF ORANGE, CENTRAL JUSTICE CENTER

          In the Loan agreement there is no such phrase as
          "confessed agreement"


          Thanks

          Jim


          Friday, January 24, 2003, 10:00:12 PM, you wrote:

          > It would be helpful to know the state this is in and whether or not the loan
          > agreement contained a clause for "confessed judgment" in the case of a
          > default. I do think that Writ Of Possession is improper, it should have
          > been a Writ of Attachment.

          > Let me know what state and I will see if I have some info on it.

          > Gary

          > -----Original Message-----
          > From: Jim [mailto:jim@...]
          > Sent: Friday, January 24, 2003 4:25 PM
          > To: tips_and_tricks@yahoogroups.com
          > Subject: [tips_and_tricks] writ of possession question


          > Hello tips_and_tricks@yahoogroups.com,

          > I need some help in answering a court ordered "writ of
          > possession" which was issued without a court ordered
          > judgement.

          > Is the writ of possession by its self a judgement?

          > The writ was submitted to the court by the plaintiffs counsel
          > to try to collect on a loan made to a corporation.

          > This debt has been through the private administrative remedy
          > of debt cancelation verification and validation process.
          > Which was never answered by the bank or its collection agent
          > an attorney.(All documentation waw entered in record but
          > ignored by the courtalong wit some other lengthy affidavits)

          > What the deffinition says:
          > "writ of possession. A writ issued to recover the
          > possession of land."
          > Black's Law Dictionary, Seventh Edition, page 1605.

          > There is no land involved only equipment - there is a
          > leased restaurant with the landlord with whom all rents
          > are current.This landlord has no involvement in the loan
          > having no connection with it in any way,

          > Is the writ of possession valid with out the judgement
          > and is it valid where no land is involved?

          > My thoughts on the answer - take to higher court a suit to
          > vacate a void judgment in a collertal attack or is there
          > some way to go back to the original court to have it set
          > aside for fraud.

          > I need some advise on this -Please

          > thanks

          > Jim Parks mailto:jparks@...



          > To unsubscribe from this group, send an email to:
          > tips_and_tricks-unsubscribe@yahoogroups.com



          > Your use of Yahoo! Groups is subject to http://docs.yahoo.com/info/terms/







          > To unsubscribe from this group, send an email to:
          > tips_and_tricks-unsubscribe@yahoogroups.com



          > Your use of Yahoo! Groups is subject to http://docs.yahoo.com/info/terms/





          --
          Best regards,
          Jim mailto:jparks@...
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