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  1. #1

    Default How to Respond to a Default Judgment

    1st in foremost i want to add i know all about debt collection as i have sued and won in small claimes. This matter is in regards to a complex debt matter. I have recently received a letter in regards to a default request, affidavit,entry & judgment (sum certain) that was granted in favor of the plaintiff which is a bank i had a car loan for.

    Note:1 i live in Michigan currently.

    2. my initial contract with the bank that financed my car was in MICHIGAN

    3.at the time i voluntarily gave up my car 4 repossession i was living in NC

    4.the repo company called 1 of my family members and lied stating they were investigators trying to find me and not a repo company. My family member gave them my whereabouts and shortly after, my vehicle was then repossessed.

    5. i never received notice about when where and how much my car was auctioned off because the banks obviously didnt want me to buy it at auction. My car wasnt sold at a COMMERCIALLY REASONABLE MANNER welll under market value

    6) I received a notice from a debt collector to collect on the money owed from the bank. Once i sent a debt validation letter to the debtor ...i found out they gave the bet back to the bank.

    7) obviously they couldnt prove the chain of title

    8) i called the bank recently to gain info and they referred me to a bet collector attorney. I asked was he 3rd party he said 2nd/3rd while hesitating...
    Anyways he stated that they served me back in 2015 I believe but at an old address because i was living in NC at the time and just had a child and my 2nd surgery. I told him he didnít properly serve me and he reluctantly agreed. And i have a witness in which i will provide to court if beed or an affidavit of truth. Then i asked the bank for the dates when they tried contacting MY PHONE NUMBER and they stated they called every1 trying to get hold of me, including my old job they knew i wasnt employeed with anymore at the time. They cant prove that they called me but yet they had my same number on file TO THIS DATE.

    9. i gave the bank my new address in Michigan and thats when I recently received the letter for judgment.

    Questions:

    1. how can i respond to it, should i file a motion stating i wasnít properly served and the lawyer knows i wasnt served because the letter got returned proving i didnt receive it or sign for it.

    2: how much can i sue for in damages for them not selling my car in a commercially reasonable manner?
    Emotional distress etc
    for them not notifying me of the auction date,time price it was sold for etc.

    3: for me not knowing i was being served and the repo lying to my family memebers stating they were investigors looking for me, not repo. Or even calling me stating they were an insurance company trying to just take a picture of the car at my address in NC.

    4: can i sue for the bank for not showing they own the debt after not showing chain of title buying the debt back from the debt collector they sold it from.

    Note : with all do respect i would like an answer from a very skilled attorney in this matter that knows about debt validation requirements as well as myself. Because some attorneys donít understand the complex of proper debt validation and FTC violations in regards to the car auction issue.

    Thank you so much in advance

  2. #2
    Join Date
    Mar 2013
    Posts
    18,008

    Default Re: How to Respond to a Judgement

    Quote Quoting Counterclaim king
    View Post
    i would like an answer from a very skilled attorney
    Then you'd better go out and hire one.

    If you have not read the Notice at the bottom of the page, read it now.

    What I can tell you is this. Before you can do any of the things on your list you will first have to get the judgment set aside, get a trial and WIN it.

    Otherwise, you probably have nowhere to go with this.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: How to Respond to a Judgement

    To start with you need to get the case file from the court to see what was actually done. After that you can attempt to create a strategy to deal with this.

  4. #4

    Default Re: How to Respond to a Judgement

    Ok thanks

    Just got the letter today over the weekend but thanks i will do that asap

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