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counter affidavits

Community Self Defense Q&A › Category: General Comments › counter affidavits

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Natasha Leslie asked 2 weeks ago

I had my order to vacate a judgement signed by a judge in which my bank acount has been froze. I went to court and the 3rd party lawyer of PRA was sent a representative who had no documentation with them so the judge gave them a 30 day extension to answer my order to show cause. They submitted an affirmation in opposition to mines after the 1st court proceeding. My question is do I send in a counter affidavit with my evidence of this debt never belonging to me I have been watching your videos and have dound them extremely helpdul.

Thanks

Natasha Leslie

3 Answers

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Brian Parker Staff answered 2 weeks ago

I can't emphasize enough in every email: FILE YOUR COUNTER AFFIDAVIT. How is the Court supposed to know your position? Also, and as I preech, the Counter Affidavit is the Blue Print of your case going forward for every situation. You should file a Motion to Set Aside the Judgment if your court rules and state allow. That's the only way to get this removed and get PRA to take you seriously. A garnishment is a scab. The Judgment is a cancer. Gotta remove the bad thing so it all goes away. Hope that helps and good for you that you are getting this stuff turned around. Remember, no one is your friend or advocate in that situation. Get everything in writing and on the record, even with the judge. He wants the case wrapped up and you present a problem to him as he signed off on what PRA did. Don't forget that, show respect but don't trust anyone. If you hear the judge yell at PRA at some point, that means he is sort of on your side as he found a new person to blame (to avoid any of his own) and you should face less push back. Remember to refer to PRA as the "debt collector" and not the law firm, name or anything esle. They are the "debt collector" and all the negative connatations that includes. Its a message they wont like. And if PRA does not show or does not cooperate, politely push the judge on this. If you did not show or something-immediate default. Isn't that what happened? Did you get a break? You are on your own here and act accordingly. Sorry to sound like a debbie downer, but forewarned is forarmed. The best of luck to you. Really. Go get 'em. BPP

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Brian Parker Staff answered 5 days ago

Great!