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Re: WhyChat, Scott, others the CA to Vacate a Default Judgment


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Posted by JR (205.188.209.144) on December 28, 2003 at 22:22:32:

In Reply to: Re: WhyChat, Scott, others the CA to Vacate a Default Judgment posted by Anon on December 27, 2003 at 15:12:01:

If you have a valid claim for violations against the CA, find a consumer attorney in your area who believes it is proper to file the lawsuit.

Once you have that lawsuit filed, IF you have good documentation to PROVE your case YOU will have the leverage to negotiate a settlement with the CA. Ordinarily, a settlement would mean money. You may want to discuss with your attorney whether you want a cash settlement or whether you want the CA to agree to not oppose your request to vacate the default judgment. If you have an agreement that they will not oppose your request to set aside the default you will only need the simplest of motions to vacate.

It may also be possible for them to simply request that the court set aside the default and then dismiss. I haven't done this before, but I'm sure it can be done, one way or another.

The other option would be to settle for an amount sufficient to cover the judgment in their case against you and pay the judgment.

The FDCPA provides for attorney fees so you can work out the settlement for you and the fees for the attorney.

ALL of this depends on how good your documentation/proof is and how bad their violations are.

The main point is that IF you do have a valid lawsuit for documented violations and you find an attorney to file it for you - ANYTHING can be negotiated.

Irrespective of Drew's opinion that the CA "won't dismiss", if you have a case against them they would probably rather agree to a mutual dismissal of the two cases then get involved with attorney fees and a judgment against them.

This is not intended to be legal advice. Please get a legal opinion from an attorney in your area.


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