Will this work when a judgement has already been filed

[jkgroom]

I have two debts with Capital one which have been turned over to a legal firm who acts as the debt collector. They have filed judgements for both debts and are in the second round of garnishment (already paid them 6 times over 6 months because my lawyer has no spine). I found a person to advise me of filing an answer and then he is going to get the garnishment moved (?)

Can I file these letters to the law firm and have my judgements removed and stop this nonsense or is it too late for that

Will follow the procedures for all our other debts.

Also I have lease/purchase agreement for my trailer and machines and I am very close to paying them off but the late fees and collections charges total around $3500.00
Is there anything I can do about them. The fee schedule for the collection calls are not stated in the documents I originally signed and are sometimes as much as $230.00 per month

Thanks for your consideration of this matter or matters I should say

[kmarkowen]

hi
this might help
go back to court and ask for an appeal on the grounds of lack of jurisdiction as jurisdiction matters can be heard even after judgement and service unless a judge said no appeal then you are stuffed I would want written proof of that.

in your request state that it has since come to your attention that fraud in the essence may have been commited(that the sharks new what they were doing) by that you need to say that no original contracts deeds or documents duly authenticated were presented to the court and that you seek appeal to have these documents brought forth on appearence at court and that you request remedy and compensation as set by the court, you may get a judges attention and he may want to speak privately resist and ask for an open hearing,
once given leave to do so you would have to get into the application that you want these docs deeds and contracts produced.

this is a good start you will need to look up the rules for the court you are going to make your appeal to
Good luck

[jkgroom]

Thank you very much
I have since found out that this particular company, Capital One has a habit of securitizing the notes and when pulled back from securitization it never actually makes it back to the parent company Capital One Bank but only gets to Capital One Funding and therefore if the lawyers files this under Suit on Account instead of Breach of Contract then it was originally files incorrectly and is fraud in the state of Ga.

I hope that made sense because everyone should know that as it negates any judgements and works in the same manner as if the lawyers cannot produce the original note for a mortgage they can't foreclose on you

[ceylon]

do you have any links to this?

[jkgroom]

I found the information in the book "Stick it to Sue Happy Debt Collectors" by Allen Harkleroad which I found to be very informative and shows exactly the steps to take with examples from his own lawsuits