Preston Poulter et al v. Ali "Dean" Assaf et al (2021)

[Strix454]

I asked before but never got an answer.

Is anyone able to explain to me how Vikki is in as much trouble as people seem to claim she is.

If she was never served (as she claims, and the flaws in service appear to corroborate) how exactly is she in any trouble at all for an oversized judgement? How can collections start against Vikki if she was never actually served. How exactly do you start collections against someone in North Carolina when you never once sent any paperwork there?

1) She doesn't appear to have an attorney or any sort of legal representation.
2) She has a default judgment against her. To get rid of that default judgment would require her to (a) hire an attorney to make an argument about the flaws in process service or (b) make her own argument to the court as to the flaws she claims exist in her process service. Her choice seems to be neither option.
3) She is not acting in a way that suggests she is taking the case seriously.
4) A default judgment against a person is a court finding in favor of the other party. The court in this case is a federal court. The federal default judgment gives them the power to go after her (collections) in whatever state she resides in. The default judgment means that the court has found (for now) that her process service was correctly done.

She is in trouble because she has a default judgment against her and does not appear to be taking any action to address the situation. She is still acting as if she can deal with the case by simply ignoring it. With a default judgment against her, she cannot just continue to ignore the case because a default judgment is losing the case. If she ignores the default judgment, her paths out of the "box" she is in get smaller and smaller.

IF she were to hire an attorney NOW AND IF that attorney were able to get the default judgment overturned and IF she were then to have an attorney respond to the complaint, she MIGHT at that point be in a better position than Dean. But that is alot of "IFs" and every day the window for her to escape the trap she has placed herself in gets smaller.

 

[COMMI3 MARK]

I do wonder why we haven't seen any action or response from the "other Vikki" who was served either.

Surely she'd have said "this ain't me" or something?

 

[TheShedCollector]

4) A default judgment against a person is a court finding in favor of the other party. The court in this case is a federal court. The federal default judgment gives them the power to go after her (collections) in whatever state she resides in. The default judgment means that the court has found (for now) that her process service was correctly done.

That right there is my point exactly.

Surely it doesn't make any sense that collections can proceed if she was never served. If the first time she gets a letter in NC saying "time to pay up" she then turns round and says "lolwut I was never served" her lawyer will (then) take care of it.

Surely as long as she has even the basic, lowest levels of proof she always lived in NC and was never served (bills / bank statements / rent statements) that go back before the mess started it should be trivial to get the judgement overturned

 

[East_Clintwood]

Surely it doesn't make any sense that collections can proceed if she was never served.

You're right it doesn't. The thing is collections are entirely seperate from service, which means until she stops acting like a spazz and fucking engages with the court properly, how are they supposed to know.

Surely as long as she has even the basic, lowest levels of proof she always lived in NC and was never served (bills / bank statements / rent statements) that go back before the mess started it should be trivial to get the judgement overturned

Not trivial, but relatively easy. The problem is that's yet another extra motion her lawyer will have to write, which she'll be billed several hours for at a couple of hundred bucks. Hope all that twatting around and "tee hee I've not been served yet" is worth the (literal) cost it'll come with.

The other thing to consider is the more she acts like a tard the harder it'll be to get a good lawyer. Imagine having to explain to a potential lawyer that yes you knew you were being sued but you chose not to do anything about it until the last minute, and instead acted like a retard about it on the internet. It's a fairly weak case, and after the default gets overturned it theoretically shouldn't be too hard to get the case thrown out, but the legal system is notoriously fucky, and I'm sure there are decent lawyers out there who would pass on the relatively small potential billables from this case just to not have to get involved in this shitshow.

 

[Captain Manning]

I asked before but never got an answer.

Is anyone able to explain to me how Vikki is in as much trouble as people seem to claim she is.

If she was never served (as she claims, and the flaws in service appear to corroborate) how exactly is she in any trouble at all for an oversized judgement? How can collections start against Vikki if she was never actually served. How exactly do you start collections against someone in North Carolina when you never once sent any paperwork there?

She's in trouble because the court received a sworn affidavit from a process server attesting to the fact that he served her at that address out in California. Is that correct? I dunno, but the thing is that the court is accepting the sworn affidavit and concluding she was properly served. She WON'T correct them at this stage because that would spoil "the plan" of not responding to the lawsuit at all.

After the default judgement is finalized, if she was not served, she has to hire a lawyer, and then file a Rule 60 motion for post-judgement relief when Preston moves to collect.

It's not impossible to reverse this mess. Null did it. @TheAlchemist also had her own saga with improper service. But it's a PITA, and gonna cost money. You can ask both of them. Her plan seemed to be to sit on her ass and do nothing. That simply won't be in the cards anymore.

Dean's problem is something entirely different, but he absolutely needs an attorney now too. His window for getting one is also tighter than hers.

Surely as long as she has even the basic, lowest levels of proof she always lived in NC and was never served (bills / bank statements / rent statements) that go back before the mess started it should be trivial to get the judgement overturned

Nothing is ever trivial when lawyers charge by the minute. Yes, it would be easy for a semi-competent lawyer to reverse this (assuming she's indeed in NC), but she would need get off her ass and expend resources. Since I still maintain this is a nuisance lawsuit, that's probably one of the victory conditions Preston has had throughout this whole thing.

Also, it should go without saying that if she's been lying this whole time, and she was served, she's fucked. It would be a legit default. Maybe she could argue Preston exceeded the time limit for service, but I kinda doubt it. She was given the standard period of time to respond that started from when the process server submitted the return of service to the clerk.

I do wonder why we haven't seen any action or response from the "other Vikki" who was served either.

Surely she'd have said "this ain't me" or something?

That's very curious. Yes.

EDIT: Typos.

 

[Strix454]

That right there is my point exactly.

Surely it doesn't make any sense that collections can proceed if she was never served. If the first time she gets a letter in NC saying "time to pay up" she then turns round and says "lolwut I was never served" her lawyer will (then) take care of it.

She lost in federal court. There is a default judgment against her. The federal court was convinced enough of the fact that she was properly served to issue the default judgment. From the point of view of the law, she is going to obligated to pay whatever is decided by the court unless she is able to get that default judgment set aside.

She can go down the path of fighting Preston's attempt to collect eventually. But Preston can bring the whole weight of the law and the government into the collection process because he has a judgment from a federal court. She has nothing on her side at all. She can say "I refuse to pay". But then they can eventually have the law go out there and just take all her stuff or do other things.

Surely as long as she has even the basic, lowest levels of proof she always lived in NC and was never served (bills / bank statements / rent statements) that go back before the mess started it should be trivial to get the judgement overturned

None of that means anything unless someone makes that argument in a court of law. She might well be able to get the default judgment overturned. But she or an attorney representing her has to go to the court to do that.
She has expressed no interest that I have seen so far of doing that.

 

[I'm not a Robot]

I do wonder why we haven't seen any action or response from the "other Vikki" who was served either.

Surely she'd have said "this ain't me" or something?

If someone came to my apartment and handed me papers intended for "Vikkiverse", I would at most notify the property manager and let them deal with what I presume is a lawsuit against a former tenant. I would not go through the hassle and expense of hiring a lawyer, having documents drafted, and affidavits notarized, when none is this my problem. Shit man, there are people in this lawsuit that ain't even done all that yet.

 

[Shaka Brah]

If someone came to my apartment and handed me papers intended for "Vikkiverse", I would at most notify the property manager and let them deal with what I presume is a lawsuit against a former tenant. I would not go through the hassle and expense of hiring a lawyer, having documents drafted, and affidavits notarized, when none is this my problem. Shit man, there are people in this lawsuit that ain't even done all that yet.

According to Vikki's story, Preston served a different person with her exact same given name. She was served under her real name, not her internet handle.

 

[Captain Manning]

If someone came to my apartment and handed me papers intended for "Vikkiverse", I would at most notify the property manager and let them deal with what I presume is a lawsuit against a former tenant. I would not go through the hassle and expense of hiring a lawyer, having documents drafted, and affidavits notarized, when none is this my problem. Shit man, there are people in this lawsuit that ain't even done all that yet.

Yeah, but if Preston is honest about him thinking this "other Vikki" is her, and he tries to collect on "other Vikki," she's probably gonna have to do something. Like, she was technically served a thing, but she's obviously not the Vikki in the lawsuit. I'm not sure exactly how that works out.

We don't talk about "other Vikki" that much. If she exists, my heart genuinely goes out to her. Imagine if she's some random housewife with five kids, and only ever uses Youtube for cooking shows or whatever. Ya know, basically, our moms. I'm tempted to say Vikkiverse isn't doing this woman any favors in remaining silent.

It's gonna be interesting to see how this plays out. I think it's obvious now there's gonna be a default judgement entered, but after that...

According to Vikki's story, Preston served a different person with her exact same given name. She was served under her real name, not her internet handle.

Actually, the service was under both names. It's "Victoria Kundert A/K/A Vikkiverse." Here's the cover page of the return of service that was done out in Huntington Beach. Famously, the process server screwed up and wrote Kunder.

Interestingly enough, when you do a lazy ass search on that address on the Internet, a Victoria C. Kundert either does or DID live there. Seems about the right age too. If it's not her, you can probably see why the process server might have thought it was her.

Also note that Mr. Richard Steibler has been a process server since at least 2002, going by a tax certificate issued by the City of Anaheim I found. So I gotta imagine he's not a complete idiot.

 

[I'm not a Robot]

According to Vikki's story, Preston served a different person with her exact same given name. She was served under her real name, not her internet handle.

Vikki's story is that she lived at that address 15 years ago, which is what searchpeoplefree reports. There is no "other Vikki".

Victoria on Twitter: "Not surprisingly, I can prove I don't live at t…

archived 7 Nov 2021 09:40:16 UTC

archive.ph

 

[Shaka Brah]

Vikki's story is that she lived at that address 15 years ago, which is what searchpeoplefree reports. There is no "other Vikki".

View attachment 3056165
View attachment 3056167
View attachment 3056148

Victoria on Twitter: "Not surprisingly, I can prove I don't live at t…

archived 7 Nov 2021 09:40:16 UTC

archive.ph

I could have sworn Vikki was vaguetweeting about someone with a felony criminal record and then saying it was the person who was served. Was that just some tongue in cheek joke?

 

[Simply Outplayed-HD]

I could have sworn Vikki was vaguetweeting about someone with a felony criminal record and then saying it was the person who was served. Was that just some tongue in cheek joke?

https://archive.ph/m5okw originally posted by I'm Not A Robot.

50/50 chance she did time for killing her boyfriend!

 

[Captain Manning]

Vikki's story is that she lived at that address 15 years ago, which is what searchpeoplefree reports. There is no "other Vikki".

View attachment 3056165
View attachment 3056167
View attachment 3056148

Victoria on Twitter: "Not surprisingly, I can prove I don't live at t…

archived 7 Nov 2021 09:40:16 UTC

archive.ph

"Other Vikki," in this context means the woman who allegedly answered the door. As she related below. I dunno what the hell her name is. I did assume, perhaps incorrectly, that she might have also been named Vikki because the info I checked suggested that A Victoria Kundert lives there. If Vikki said on Twitter that she DID live at that address, that clarifies things considerably.

Good news is that if the Victoria C. Kundert listed at that address is our Vikki, but it's an old address, it might be way easier for the female mystery recipient to clear up if she isn't named Vikki. They might not even have to clear up shit.

I'm waiting to see if Preston tries to collect on NC Vikki, because that's gonna look really bizarre after doing service in California. Some people think that he KNOWS she's not in California, and will employ an entirely different "NC focused" strategy in the collections phase. If he does that, it almost looks like a fraud upon the court.

I could have sworn Vikki was vaguetweeting about someone with a felony criminal record and then saying it was the person who was served. Was that just some tongue in cheek joke?

No, that's an entirely different retarded thing that goes way back. Long before this lawsuit. Somebody on Twitter was fucking with her back in 2019, and she cautioned that person that there is somebody living in the same area as her, with a very similar sounding name, that killed her boyfriend and did time for it. The implication being that if anybody tries to screw with that person IRL, thinking it's Vikkiverse, they might end up dead or something. I guess.

50/50 chance she did time for killing her boyfriend!

Unlikely. I think it's pretty clear that she's saying she's NOT the woman who killed her BF.

And, in any event, look at the date. It has nothing to do with the lawsuit.

 

[AnOminous]

With a default judgment against her, she cannot just continue to ignore the case because a default judgment is losing the case. If she ignores the default judgment, her paths out of the "box" she is in get smaller and smaller.

She could ignore it until Preston tries to collect in her jurisdiction, then try to collaterally attack the judgment as void because of lack of personal jurisdiction, but this would probably be a very bad idea for a number of reasons. For instance, if you blow the direct appeal deadline, it's blown and you can't raise any defenses you ordinarily could have.

All you can do is challenge whether the judgment was void from the outset (for instance due to lack of personal service). This still leaves the judgment possibly fucking up your credit history even though it can't be enforced, because there's no record of it being appealed in the home state. And showing a judgment was outright void is generally tougher than proving it was merely wrong.

Maybe it's the kind of judgment most people wouldn't bother pursuing collection on but Preston is an angry, vindictive cuck.

 

[5t3n0g0ph3r]

Yeah, but if Preston is honest about him thinking this "other Vikki" is her, and he tries to collect on "other Vikki," she's probably gonna have to do something. Like, she was technically served a thing, but she's obviously not the Vikki in the lawsuit. I'm not sure exactly how that works out.

We don't talk about "other Vikki" that much. If she exists, my heart genuinely goes out to her. Imagine if she's some random housewife with five kids, and only ever uses Youtube for cooking shows or whatever. Ya know, basically, our moms. I'm tempted to say Vikkiverse isn't doing this woman any favors in remaining silent.

It's gonna be interesting to see how this plays out. I think it's obvious now there's gonna be a default judgement entered, but after that...


Actually, the service was under both names. It's "Victoria Kundert A/K/A Vikkiverse." Here's the cover page of the return of service that was done out in Huntington Beach. Famously, the process server screwed up and wrote Kunder.

View attachment 3056045

Interestingly enough, when you do a lazy ass search on that address on the Internet, a Victoria C. Kundert either does or DID live there. Seems about the right age too. If it's not her, you can probably see why the process server might have thought it was her.

View attachment 3056065

Also note that Mr. Richard Steibler has been a process server since at least 2002, going by a tax certificate issued by the City of Anaheim I found. So I gotta imagine he's not a complete idiot.

View attachment 3056131

"Married to Cassandra D. Kundert"
@VIkkiVerse Are you a lesbian and married?

 

[Captain Manning]

Maybe it's the kind of judgment most people wouldn't bother pursuing collection on but Preston is an angry, vindictive cuck.

The stupidest thing about all of this is that I'm pretty sure neither of them have $75,000. To say nothing of the 711 gorillion he's asking to be awarded from Vikkiverse.

Preston sits in his Discord claiming "well, we're about to find out" when people ask him if Vikki is rich.

Nigga, she's a dog groomer... how much money do you think she has? @FROG is probably right. She's likely broke AF.

Perhaps Preston believes everybody is a trust fund baby because he has no frame of reference when it comes to normal non-pegged people.

"Married to Cassandra D. Kundert"
@VIkkiVerse Are you a lesbian and married?

I saw that too!

Interestingly enough, when you click Cassandra D. Kundert you DO get a North Carolina address. I know she has a sister, and that she was mixed up in TUG's faildox. I'm wondering if Cassandra is her.

It must be born in mind these whitepage sites regularly fuck shit up.

 

[I'm not a Robot]

"Married to Cassandra D. Kundert"
@VIkkiVerse Are you a lesbian and married?

That's her sister. She was living with her in North Carolina, so perhaps that's why that people finder site inferred that connection. She is the Sandi of Sandi's Pet Spa that Vikki worked at before it was sold to Cuts-4-Muttz.

I'm waiting to see if Preston tries to collect on NC Vikki, because that's gonna look really bizarre after doing service in California. Some people think that he KNOWS she's not in California, and will employ an entirely different "NC focused" strategy in the collections phase. If he does that, it almost looks like a fraud upon the court.

I wouldn't count on it. Vikki will have to be her own advocate because nobody else is going to automatically fix things for her without her involvement. Remember when she thought she was "officially safe" from the suit after Spectre an attorney told her the service was past the deadline? The court didn't care, entered an entry of default, and may sign a $700,000 judgment against her any day now.

"Preston seems to think that just because they served somebody that counts as serving me, because the court thinks that I have been served. Frankly, it doesn't matter if the court thinks that I've been served because it was past the deadline. This isn't just something I made up. This isn't just something that I think is true. This is something that has been told to me by an attorney."

Vikki is officially safe from the suit. They had 90 days from the date the complaint was filed (23 May 2021) to serve her, and they didn't. They have to dismiss it without prejudice and refile it against her, but they may be waiting to see how the court rules on Dean's motion to dismiss to consider refiling it.

 

[Captain Manning]

I wouldn't count on it. Vikki will have to be her own advocate because nobody else is going to automatically fix things for her. Remember when she thought she was "officially safe" from the suit after Spectre an attorney told her the service was past the deadline? The court didn't care, entered an entry of default, and may sign a $700,000 judgment against her any day now.

Oh, I don't think the court will automatically notice the discrepancy, but if SHE (through a lawyer) points it out as part of the Rule 60 procedure... which she'll definitely want to do... that could be interesting. We'll have to see what Preston's next move is though.

Unfortunately, Vikki's behavior grows increasingly bizarre. She apparently is still listening to Spectre. This time it's about the campaign IGG terminated that JDA was running. Spectre drew upon his vast well of legal knowledge to tweet out (incorrectly, big surprise) that JDA has been DMCA'd by Liam, and Vikki apparently is just parroting that.

Does not instill confidence that she read the "Do not use or trust Spectre" memo that's been circulating around.

 

[AnOminous]

Oh, I don't think the court will automatically notice the discrepancy, but if SHE (through a lawyer) points it out as part of the Rule 60 procedure... which she'll definitely want to do... that could be interesting. We'll have to see what Preston's next move is though.

A court is supposed to notice a lack of jurisdiction on its own when it is this obvious. Assuming of course Vikki was not actually served.

 

[Captain Manning]

A court is supposed to notice a lack of jurisdiction on its own when it is this obvious. Assuming of course Vikki was not actually served.

Yeah, government is supposed to do a lot of things and stuff, and regularly manages to fuck it up. That's why @I'm not a Robot is correct, and Vikki is almost certainly gonna need a lawyer to point out any discrepancy between who he claims he served, and who he tries to collect from.

Case in point, Preston got his return of service in on Vikki (legit or no) well after the 90 day deadline (see Fed R. Civ P. 4(m)), the clerk didn't notice that, and so here we are awaiting a formalized default judgement.

Such is government. Your tax dollars at work.