- Education and Science
How To Vacate A Judgment ... Order To Show Cause
Order To Show Cause To Vacate A Judgment
Vacating A Judgment ... How To File an Order To Show Cause
Remember the Movie 'Network'? Well... I'm mad as hell, and I'm not gonna take it anymore!
I am 100% fed up with the entire Collection Industry. Speaking from a position of authority, and I do mean authority in the business...I am finally convinced the industry will do nothing but destroy the entire population. I spent over 30 years directly involved with the collection industry from soup to nuts. There is NOTHING in the collection business that I haven't done....Except one thing...Break The Law! I am beyond !@#$%^&*()_ words at this point, with what I'm seeing happening to people right now. To say that I am flipping mad, would be putting too nicely!
The lowest bottom feeding industry of all, has stooped to an all time low! I am hearing the most disgusting, unthinkable things from people that are experiencing non stop harassment, bill collectors threatening them, and them losing everything they own to some judgment against them, that they were never served for! The owner of American Legal Process sits in prison right now, for that very reason...not serving people, and entering judgments against them! That's illegal!
I am personally tired of dealing with this industry, and have vowed to go after any bill collector I find breaking the law. I haven't lost a case yet, and I am raring to go. People already know who I am, and what I've done to other agencies, and lawyers who blatantly break the law. What do we do people? We take'em out, we throw the Book at them! See: Bill Collectors Harassing You? Action Can Be Taken! Hub.
You, as a consumer must share this free information with family, and friends...to spread the word. No matter what the financial situation is there are always solutions, and actions you can take to stop everything. You just have to know what to do. Which is why I am writing this hub, very passionately, I might add...for the good of the many...my usual.
It's time to take charge of our lives, by the people, for the people. You have to start somewhere, and here is just as good a place as any. Especially with the horrendous activities going on due to this abuse in a prominent industry. This is beyond, out of control. People are the ultimate victims in the collection industries path of destruction. The permanent results of this are monumental in the history of history.
The part that really angers me is that not one person out there will tell a person what to do, to stop, or vacate a judgment. What the @#$%^&*( is going on! Knowing the whole time, the judgment was probably entered illegally, due to no service of the summons and complaint. It is absolutely a rampant problem, in the process serving industry. Which is why the man from American Legal Process NY sits in prison now! google American Legal Process NY Case.
I cannot find the words that demonstrate the immense anger, and sadness I feel with what's going on in our nation, and world. So once and for all, I am creating another portal for people to get answers, and instructions on: how to file an Order To Show Cause. I'm certain I will piss off the collection industry....and I couldn't care less! I dare them to break the law in front of me, I'm watching, and waiting. It happens every second of every day. Call me Benedict Arnold, call me anything you want, just don't dare break the law with me as a witness. I'll be on the prosecution side for sure.
I've heard some responses, with the mention of my name...Like: Oh Shi_! Close the case...Oh great, we're out of business...and more. I won against 2 attorneys in court, at the same time, by myself, with no attorney...at 19 years old...the judge shook my hand and thanked me for educating him on the law. They didn't know what hit'em....I enjoyed it immensely. The whole court room was clapping!
Since I have shut down large collection agencies, and caused major clients to drop law firms who are known to, or caught breaking the law. I've permanently branded attorneys with lifetime complaints on their record. It's quite effective when you pay attention, and are willing to take warranted action in self defense. I'm your self defense, and I believe educating you (the public) on important life altering moves, to better the lives of people across the board is really the right answer. I prefer to deal with an educated consumer, as opposed to cleaning up the mess, of the worst bottom feeding industry I have ever seen, and I've seen a lot in my 30 years in the industry.
I am still currently a legal assistant, realtor, banker, commercial broker and more. I am sharing all knowledge that will help people navigate through the sea of vultures pecking at them right now. Think of me as the Vulture Hunter...I happen to be a marksman as well. I don't miss. I've also never lost a case either. I suppose there could be a first time, but I doubt it. Everyone always says, "Politically Correct" well I say, "Passionately Correct!"
Change your life?...Change your life story...
All Courts in America have forms called: Order To Show Cause: (see example above: Nassau County Civil NY)
These documents are usually free to file, but sometimes do require fee's if case is in supreme court. In relation to credit card debt, it's typically free to file an Order To Show Cause. This being filed, will immediately Vacate the Judgment, and begin the case all over again. Typically causing a new hearing date 30 to 60 days later, (depending on how behind the court is)
Once this document is stamped by the judge, it is golden. You then take your proof, and other documents that go with it, to a debt settlement "Lawyer", only. They will proceed to protect you from harassment, or illegal process, and settle the debt for 55% or less, (typical, average settlement amount). You can also negotiate your own debt, if you feel so inclined.
Unfortunately even the attorneys are at fault here too. They won't even tell a prospective client, how to file an order to show cause, because they want a fee. Me on the other hand, I'd rather educate you first. Have you take the necessary action on your behalf, (vacating the judgment(s)), and then work with you in Debt Settlement, with proper legal counsel behind you. Then you're operating from a position of strength, with leverage.
On the Order To Show Cause, you will answer the simple questions on page two.
First Reason: You were never served. Don't do this, if you were in fact served. If you were served, then it would be negotiated to a "Stipulation Vacate, upon confirmation of the Stipulation Of Settlement. These are actual legal documents available to everyone. Every agency/law firm has them readily available.
Second: Reason: The debt is paid prior, through a refinance, it's not my debt, I need proof, I have proof it's paid, I never had a debt with this company, I need proof...I'm a victim of fraud, I'm being impersonated, my cards were stolen, etc.. Other reasons would be: I was out of the country, in the hospital, in an accident, etc. Whatever really happened, and just the facts. It has to make sense, and be clear and concise. Sign at the bottom, the court will verify the signature, and the judge will stamp it as vacated. There is always a notary at the courts. The clerks are there to assist you in filing all court documents. Also to tell you if you've made any kind of mistake, or the reason needs to be more precise. Either way it goes, do not give up!
You will need to know some information: Plaintiff, (who sued you) and who they sued you for, if possible. Once the judgment is vacated, a formal cease and desist demand can be issued, (by you- in writing) to them. Demanding copies, and proof of the debt. The negotiation can commence to settle it, proceeding that. Without the illegal tactics previously utilized, prior to the vacated judgment, that ultimately was obtained illegally.
You call the local court. Speak to the Clerk of the courts. They will instruct you on where to bring your Order To Show Cause, or where to get it, and how to file it. Some have certain times they can be filed. This is not a difficult, or lengthy process usually. Most of the cases I've handled, or been privy to were in an out, case closed.
It amazes me that nobody wants anyone to know how to do this. I think it's unfair, predatory, and self serving to a vulturous industry. Much like the insurance industry. The way I see them is: We pump the cash in the front...and the Attorneys suck it out the back...which is why none of the insurance companies pay the claims they're supposed to...across the board. They too destroy people, with their lame billing, and lack of quality work. More bottom feeders! They've all been busted doing this.
You'd be astounded at how many credit scores I've seen literally obliterated by medical bills not being billed properly. There's no turning back either, once your name is in the collection industries hands. Prepare for at least 10 years worth of constant harassment. The debt will be resold a thousand times, if not more. Sold to the even lower bottom feeders...Factoring...the slime that buy debt. Your debt...for a whole two cents on the dollar...then they proceed to destroy you. It's a disgusting business, and there is not enough action being taken to protect consumers. People are going down fast, and I see little or no help for them...Why?!
I've spent my life helping people while being in the business. I've never had to resort to breaking the law in order to collect money, or do my job. I am personally offended by this rampant disregard of the rules, and laws that protect our rights as consumers. Destroying people, brings nothing positive to a dying economy!