Affidavits

[treehugger1]

With the foreclosure meltdown, much of it due to company employees simply signing all kinds of things that they perhaps knew nothing about, I'm once again thinking about the affidavits original creditors have furnished to their attorneys when suing me.

The out-of-state attorney in both the CHiti cases against me filed affidavits to support the default judgments. At one time I attempted to find the agents from Chiti who signed their names, but I never could verify that they worked for, or ever worked for, or ever had any direct connection to the alleged debts. In Oregon I have 12 months to file motions against the default judgments. Failure to correctly represent the information upon filing a motion for judgment is reason to file amotion that the judgment be set aside.

By the way there was a federal case related to false affidvits last year. That case was related to JDB's and CA's. I'm not sure if that case could be cited in a motion filed my me.

I never answered the original summons/complaints (too expensive here.) However, I can find nothing in my state's rules of civil procedure that would prevent me from filing a motion against the default judgment based on misrepresentation. I may have a few extra dollars in a month or so. Perhaps I should give it a try.

Is whatmoney still around? this might be a good question for WM.

Thoughts, anyone?

[justbroke]

It may be tough, pro se, to prove that the lawsuit was void ab initio, which is what you'd need to prove. Just because you can't find their names doesn't mean they do not or did not work for Chase or some subsidiary of Chase at the time. The real question is, is it worth it to try to vacate the judgment on those grounds?

I'm always up for a challenge as I now seem to be addicted and now suffering from pro se-itis. You'd need more than just the "claim" that the affidavits are incorrect. You need to have a meritorious reason for the case to be re-opened and the Judge to hear your motion. That means, just saying that the affidavits "might" be wrong, is not enough. It would be a waste of money to assert such without evidence. One issue is that you can't just claim bad affidavits and the need to voir dire or examine the affiants under-oath just because you never did so at trial.

You'd have to present some real evidence that it is more than likely that the affidavits accepted by the court was fraudulent and/or improper. I don't know how you can do that after the fact, but much of this is very specific to how the Rules of Civil Procedure work in your particular State.

[GoingDown]

How much is "a few extra dollars per month" worth to you?

It will cost you money, time, and effort, and unfortunately, from what I have seen, many judges seem biased against debtors representing themselves in court against creditors with attorneys. And you are taking a wild guess that the affidavits are fraudulent. How would you prove it?

You might get more help with sort of legal question on "debtorboards." They do a lot of lawsuit stuff and vacating judgments, etc., on that forum. I have done anything to fight against the little tiny CrapOne judgment against me, because they have never figured out any way to make me pay it yet.

[catleg]

I get the impression that the same stuff we see involving foreclosures happens in unsecured debt cases resulting in judgments, which in some states can result in a foreclosure just the same as not paying your mortgage.

IMHO it's a function of the legal system being captured by the big banks.

Until we get some reform minded politicians it's every man for himself.

[AngelinaCatHub]

I get the impression that the same stuff we see involving foreclosures happens in unsecured debt cases resulting in judgments, which in some states can result in a foreclosure just the same as not paying your mortgage.

IMHO it's a function of the legal system being captured by the big banks.

Until we get some reform minded politicians it's every man for himself.

CL, my friend. Minor correction. We have ENOUGH Politicians. They can be bought at a dime a dozen. What we need all around in this Country are Statesmen. Rarer than gold, I know. 'Hub

[backtoschool]

With the foreclosure meltdown, much of it due to company employees simply signing all kinds of things that they perhaps knew nothing about, I'm once again thinking about the affidavits original creditors have furnished to their attorneys when suing me.

The out-of-state attorney in both the CHiti cases against me filed affidavits to support the default judgments. At one time I attempted to find the agents from Chiti who signed their names, but I never could verify that they worked for, or ever worked for, or ever had any direct connection to the alleged debts. In Oregon I have 12 months to file motions against the default judgments. Failure to correctly represent the information upon filing a motion for judgment is reason to file amotion that the judgment be set aside.

By the way there was a federal case related to false affidvits last year. That case was related to JDB's and CA's. I'm not sure if that case could be cited in a motion filed my me.

I never answered the original summons/complaints (too expensive here.) However, I can find nothing in my state's rules of civil procedure that would prevent me from filing a motion against the default judgment based on misrepresentation. I may have a few extra dollars in a month or so. Perhaps I should give it a try.

Is whatmoney still around? this might be a good question for WM.

Thoughts, anyone?

I remember reading about that case with the JDBs and the false affadavits and I think that if you believe that the affadavits were very general and boilerplate and were signed by people that did not do any real research on your case, you would have a situation that is parallel to the JDB affadavit case. It is certainly worth a try. Most of the affadavits that are used in credit card default judgments are boiler plate and lack crucial details, so an organized, person could contest them in my opinion.

[treehugger1]

Perhaps I should have answered the original complaint prior to the default judgment.

I did ask the the local court clerk a "procedural" question related to motions to set aside judgments. I get the impression it is not that unusual and motions are made against judgments regularly for a variety of reasons.

Recently, there is a wealth of information on websites related to the out-of-state attorney firm and the Chiti affidavits. It sounds as if a class action suit could be brewing in our neighboring state. The strange affidavits are one issue of contention.

After a default and chargeoff, the accounts appear to go from CitiBank to CitiCorp Credit Services. It is the CCS folks who sign that they have personal knowledge, etc of the account. I think they run an affidavit mill at CCS.

I guess I will keep an eye open for any possibhle class action suits.

[backtoschool]

Perhaps I should have answered the original complaint prior to the default judgment.

I did ask the the local court clerk a "procedural" question related to motions to set aside judgments. I get the impression it is not that unusual and motions are made against judgments regularly for a variety of reasons.

Recently, there is a wealth of information on websites related to the out-of-state attorney firm and the Chiti affidavits. It sounds as if a class action suit could be brewing in our neighboring state. The strange affidavits are one issue of contention.

After a default and chargeoff, the accounts appear to go from CitiBank to CitiCorp Credit Services. It is the CCS folks who sign that they have personal knowledge, etc of the account. I think they run an affidavit mill at CCS.

I guess I will keep an eye open for any possibhle class action suits.

If a different department, is signing the affadavits, a department that was not involved at all with the accounts, there might be grounds for contesting the judgment. That is basically how the JDBs lost their case: they signed affadavits for debt that had missing data, etc. Although in this case, it is probably much more likely that CitiBank transferred account data to CCS, whereas in the JDB case that was not what happened.

[justbroke]

Perhaps I should have answered the original complaint prior to the default judgment.

Perhaps. I was just wondering if your State had a mechanism in place for this already. Yes, judgments are vacated all the time, but it's difficult "if" the defendant should have raised certain issues upon knowing of the lawsuit (e.g. actually answer the complaint). Many judgments are vacated simply for improper service or lack of service. I don't know how many are vacated on affidavit issues.