Missouri is one of the worst states around for being any help at all to someone who has been ill-used by unscrupulous collectors, especially 3rd party debt collectors.
It appears it may be that no matter what deceptive and crooked means were used to obtain a judgment that you are stuck with it.
I have filed a motion to vacate a default judgment which was based upon fraudulent facts that I believe the judge is aware of because he'd have to be really in another world not to know.
No proof was ever entered until the last day and it is a bogus robo-signed Affidavit for which the company has been fined for using before. The person says they are in a position to know and they have all the info blah blah but they were fixing tacos last year and now suddenly they are a Legal Specialist.
The company has been found to have people whose entire job it is to sign affidavits that they know about the debt. They weren't there to know but the affidavit says they do.
That formed a large part of my reasoning why the motion to vacate judgment should be granted.
I have found over the weekend that they have sent out a garnishment/levy on my bank account however fortunately they have the wrong bank FOR NOW.
The motion was mailed on Thursday last and probably received on Friday. How long does the judge have to consider whether or not he will vacate this fraudulent judgment. I will be surprised if he grants my request even though there is blatant evidence of fraud and in fact I brought up fraud as a reason.
He does not have to, I have found that judges can do pretty much as they please actually and it is not just me thinking so.
Anyway I found these statutes which seem to conflict but that's Missouri for you.
http://www.moga.mo.gov/statutes/C500-599/5110000250.HTM
http://www.moga.mo.gov/statutes/C500-599/5110000260.HTM
ACCORDING to the 2nd statute judgments can't be set aside even if they are fraudulent and blatantly so it looks to me.
And I do not know what this says, Missouri statutes are, as the saying goes Clear As Mud
http://www.moga.mo.gov/statutes/C500-599/5110000270.HTM
It appears it may be that no matter what deceptive and crooked means were used to obtain a judgment that you are stuck with it.
I have filed a motion to vacate a default judgment which was based upon fraudulent facts that I believe the judge is aware of because he'd have to be really in another world not to know.
No proof was ever entered until the last day and it is a bogus robo-signed Affidavit for which the company has been fined for using before. The person says they are in a position to know and they have all the info blah blah but they were fixing tacos last year and now suddenly they are a Legal Specialist.
The company has been found to have people whose entire job it is to sign affidavits that they know about the debt. They weren't there to know but the affidavit says they do.
That formed a large part of my reasoning why the motion to vacate judgment should be granted.
I have found over the weekend that they have sent out a garnishment/levy on my bank account however fortunately they have the wrong bank FOR NOW.
The motion was mailed on Thursday last and probably received on Friday. How long does the judge have to consider whether or not he will vacate this fraudulent judgment. I will be surprised if he grants my request even though there is blatant evidence of fraud and in fact I brought up fraud as a reason.
He does not have to, I have found that judges can do pretty much as they please actually and it is not just me thinking so.
Anyway I found these statutes which seem to conflict but that's Missouri for you.
http://www.moga.mo.gov/statutes/C500-599/5110000250.HTM
http://www.moga.mo.gov/statutes/C500-599/5110000260.HTM
ACCORDING to the 2nd statute judgments can't be set aside even if they are fraudulent and blatantly so it looks to me.
And I do not know what this says, Missouri statutes are, as the saying goes Clear As Mud
http://www.moga.mo.gov/statutes/C500-599/5110000270.HTM
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