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Judgment was vacated someone help me with this...........WhyChat..Lady


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Posted by Ginger (67.75.21.201) on November 14, 2003 at 19:00:11:

First i am in Massachusetts. The SOL isnt nearly up on the acct.
A wells fargo card was charged off last December 2002......Got a letter from solomon and solomon (attorney/debt collector)in march......i didnt respond.......in august received motion for summary judgment......didnt respond in writing.....we didnt understand what it all meant ( i didnt know then what i know now) so we called the lawyer named on the complaint (the debt collector)....she said we "dont have to do anything with it just pay the debt"....so ok.....then in october we get the default judgment! ok.....so i filed the motion to vacate based on rule 60 (mistake, inadvertance, excusable neglect)......but before the date to hear it got nervous because the debt collector said they would put a lien on our house. So we settled for a reduced amount.
THis account was charged off and sold to this law firm collector group....i found this out after.
also i saw the case file and there was no validation of the debt in there .....just a "memo of damages" signed by the attorney.....not an affidavit....

So i won the motion to vacate and it says file responsive pleadings within 30 days.......i feel like this......
what right does this law firm have to my money? wells fargo said they arent being paid because they sold the acct to them.
the lawyer mislead us by implying the legal document wasnt legal. Therefore she got her default judgement.

Is there anything to sue them on to get my money back?
I am so mad at myself for paying them too soon.
Should i file a motion to dismiss the case since i paid?
I assumed when i paid them that wells fargo got some of the money.....but they dont ( i called wells fargo myself to see if they would make a deal with me ).
and if the account was sold and someone else owns it how can they say wells fargo is the plaintiff?wouldnt the plaintiff be the owner of the acct?





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