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Default Judgement

Decent Essays

In light of your default status in the above-mentioned case, the upcoming ‘prove-up’ hearing, your request to vacate, and my opposition to it. I thought it would be a good opportunity to give you and your client the benefit of a reality check regarding this lawsuit. Accordingly, this letter sets forth my analysis of my case thus far, and the range of potential damages that can happen. I do encourage you to share this letter with the proper executives at Discover Bank. I welcome any comments you may have based on the evidence. Default Judgement First, let us look at your Request to Vacate Default, which, if granted, would only afford you more time to figure out how you can possibly overcome the mounds of evidence against you. I encourage you to read my Opposition to Vacate, and further, my Case Summary, Memorandum of Points and Authorities with Declaration and Exhibits in the judgement package I have filed. These pleadings discuss some important, but certainly not all, of the factual elements related to this case that you and your clients will have to overcome. In your Request to Vacate, you blatantly pretend you were confused by the meanings of the terms, ‘service’ and ‘proof of service’. This is utterly absurd coming from a licensed attorney. You claim in your pleadings that your only mistake was believing the judge — you actually blamed the judge?? You have also stated via your declaration that you attempted to call me at least two times but could not leave a message. First, my voice mail works fine. Second, combing through my call records, I can indeed say this is just more deception, another lie that you blatantly have told the court. Our judge appeared quite fed up already with what appears to be a flippant attitude towards my lawsuit by your firm. You were not there, and hope your substitute provided you context on the judge’s temperament when ordering the default. His face turned red with contempt as he explained his disappointment with your firms handling of this matter. My call records provide new evidence of lying by you and your firm. Further highlighting your false claim you did not understand proper service had been effectuated on you, that lying is a tactic you are

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