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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32760
Experience:  Began practicing law in 1992
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In Nov 2011, My daughter and I (I was the co-signer) were

Customer Question

In Nov 2011, My daughter and I (I was the co-signer) were sued by a debit collector for student loans (last payment by her was April 2008 and they said she owed $128,000. after 1 1/2 years in court, she settled (April 2014)I was excused off all of the loans and she got here loans reduced to $40,000.00 to be paid over 8 years at no interest. I had subpoenaed the server of the loans AES in 2009 (in March of 2014) and finally got the answer to the subpoena about May of 2014 (after she had settled her case out of court and a trial) that stated that the company NCT suing us had the loans paid off by the guarantor T.E.R.I. in Sept. 2009, but T.E.R.I. was in chapter 11 at the time and said they did not pat off the loans but AES said they in fact did as they sent the money to NCT on Sept. 1, 2009.
Is it to late to go back to court and put a hold on this case and as the Judge to consider this subpoena as I have had it almost 22 months? E-Mail: *************@********
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
this is about civil procedure in California for time limitation on knowing facts and will the Judge allow or is it to late your web site do not have an area for that type of category
Customer: replied 1 year ago.
I'll be right back
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

Was a final order entered in the case (either a judgment or an order of dismissal) and, if so, when was it signed by the judge?

Customer: replied 1 year ago.
What final order, do you mean
Customer: replied 1 year ago.
how much information did I send you?
Expert:  Dwayne B. replied 1 year ago.

The only information I received is what is shown on this page.

A final order is one that disposes of all issues and parties in the case. It can be either a judgment or an order of dismissal.

The judge loses jurisdiction (the power to hear the case) in 30-120 days after a final order is signed, depending on whether certain post trial or post judgment motions were filed. If it has been longer than that then the judge can't consider the information.

In theory you might be able to file a Motion to Set Aside the Judgment and reopen the case but you would want to visit with a local lawyer and let them review all of the paperwork as well as use their knowledge of that particular judge to give you an ida as to your chances of the judge doing that.

Also, if you had a lawyer at the time then the lawyer should have objected to proceeding without the material requested by the subpoena being furnished. If they did that then that increases your chances of the court setting aside the judgment.

Customer: replied 1 year ago.
I think what I am after is about 1 year to late. Although I believe something shady went on but can not prove it. thanks I will tell my story to the Federal Trade Commission, but from my dealings with other agency's (CFPB ) they do not care about a single mother getting harassed by a big Law fire they just want to see their names get in the news for million dollar stuff .Thank You for your Time I do not need your service any moreJerry
Expert:  Dwayne B. replied 1 year ago.

Best wishes to you and please don't forget to leave a Positive Rating so I receive credit for my work.