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WHY CHAT again.........

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Posted by GInger ( on November 03, 2003 at 10:19:52:

In Reply to: Re: WHY CHAT.......? posted by WHY CHAT on November 03, 2003 at 08:19:25:

Yes I do know what agreement I made......it was an agreement with solomon and solomon to pay a reduced amount...they got default judgement for 6500.....agreed to accept 4400.......
It was not a court approved mediated settlement....we never went to court ...yet
The "meeting" is for the judge to hear the motion to vacate .....We originally got a summons from solomon and solomon...they then filed for default judgement with the clerk at the court.
But from all my reading i am wondering if the judgement is void......there is no judges signature on it....no affidavit from the original creditor on file for the amount owed......and also wells fargo is listed as the plaintiff and they no longer own the account and arent getting any money so how are they the plaintiff? I thought the people who owned the account would be the plaintiff.....and if so doesnt that constitute fraud naming wells fargo the plaintiff and that would void the judgement based on lack of subject matter jurisdiction.
Our agreement just states wells fargo will accept 4400 as settlement in full......nothing about changing the credit report.
I think we messed up in negotiating the settlement because i assumed wells fargo was getting at least some of the money and they arent.....so why would they change the credit report...they wont.
i guess i need a lawyer.

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