..................
Your Honour,....
A judgment was made on behalf of the Plaintiff on December
02, 2008. It was done without any warning or prior notice to me. I received no
notice of it until 12/31/08 when I learned of the restraint on my bank account.
I didn’t receive an official notice from the bank itself until some days later
when the fees notice and a copy of the subpoena for information came in the
mail. By this time, the bank already held my rent money and overdrafted my
account for twice the number of the claimed debt, leaving me penniless,
confused and a little scared.....
My bank gave me the name of the attorney for the Plaintiff
as well as a number with no further explanation. I tried to call several times
but never made it anywhere through the automated system. I was placed on hold
automatically and never got anybody after long waits or instead the phone would
continue to ring until it stopped of its own accord.....
On January 5, 2009, I managed to get in contact with someone
at the Lawyer for the Plaintiff’s office. I was told that this was being done
to collect on a six-year-old credit card debt. They said the papers were served
on an address that I have not lived at in six years and to a person I have
never heard of. I asked to receive a validation for this debt as I have learned
that it is quite possible the plaintiff does not even own the debt that it is
attempting to collect on. After I gave my current address, the employee told me
that it would take 30 to 45 days to receive the requested paperwork…....
The restraint has created a cruel hardship for me. My
payroll funds are deposited directly into my bank account and I have no access
to the money that I work for, and I cannot do anything about it. I have no
income from any other source. The bank itself is charging me daily fees as
well. With no money at all I could not retain the services of an attorney or do
much of anything else. I did research on the Attorney for the Plaintiff and
found that Mel Harris and Associates practice foul and underhanded sewer
techniques to do to me just what they did. There are long lists of complaints
from others suffering the same situation as me. The unfairness of the whole ordeal
added weight to the despair that I was already feeling.....
Through independent research into the matter, I learned the
only course of action open to me was to file the Vacate Default Judgment paperwork.
....
I was not sure what to include as proof of a meritorious
defense, so I enclosed various proofs of address from 2005 to now to show that
it has been several years since I lived at the address the plaintiff claims to
have served. I am also enclosing copies of the notices sent to me from the bank
for establishing a time line of events through the dates printed on them.....
.. ..
Rasheen Armstrong....