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A Step-by-Step Guide to Vacating Your Judgment


⚖️ HOW TO VACATE YOUR CONFESSION OF JUDGMENT


(Fenix Capital Funding – Polk County, Iowa Cases)


🚨 START HERE: WERE YOU TARGETED?


If ANY of the following apply to you:


  • You were sued by Fenix Capital Funding, LLC
  • The case was filed in Polk County, Iowa
  • You do NOT live or operate in Iowa
  • Your bank account or processor was frozen or restricted
  • Your clients were contacted
  • You received suspicious or spoofed phone calls


👉 STOP. You need to review your case immediately.



⚠️ STEP 1: FIND THE DEFECT (YOU ONLY NEED ONE)


You do NOT need everything to be wrong.


👉 One major defect can be enough to attack the judgment.



🔴 NO IOWA CONNECTION (JURISDICTION DEFECT)


If your business:


  • Is NOT in Iowa
  • Did NOT sign in Iowa
  • Did NOT perform in Iowa


👉 Then why is your case in Iowa?


In Polk County Case LACL164168, the Court itself questioned Iowa’s involvement and ordered briefing on:


  • Conflict of laws
  • Choice of law
  • Whether Iowa law should even apply


👉 That’s a direct signal this forum may be improper.


🔴 THE AMOUNT WAS NOT “JUSTLY DUE”


(Iowa Code § 676.3)

Iowa law requires the amount to be:


✔️ Accurate
✔️ Verified
✔️ “Justly due”


Ask yourself:


  • Were payments ignored?
  • Were fees inflated?
  • Did they claim the full contract amount, not what was actually owed?


💥 In at least one case, the amount was overstated by over:


👉 $200,000.00


If the number is wrong → the judgment is vulnerable.


🔴 DEFECTIVE VERIFICATION / NO JURAT


(Iowa Code § 676.3)


A Confession of Judgment must be:


  • Signed
  • Properly verified
  • Properly notarized

Check:


  • Is there a real sworn jurat?
  • Was it actually verified under oath?
  • Does the notarization look incomplete or generic?


👉 If verification is defective → the filing itself is compromised.



🔴 SIGNED BEFORE DEFAULT (MAJOR RED FLAG)


Did you sign the Confession:


👉 At the time of funding?


Not after default?


⚠️ That means:


  • It may not reflect a real debt
  • It may not reflect a real default
  • It may not reflect a real “amount due”


👉 That alone can be a major attack point.


🔴 FENIX EMPLOYEES ALEXANDER RYVKIN AND THOMAS SUTTON DRAFTING AND NOTARIZING DOCUMENTS


Ask yourself:



👤 Was your affidavit signed by:


👉 Alexander Ryvkin?


🖊️ Was it notarized by:


👉 Thomas R. Sutton?


If YES:


  • Sutton = Notary + Collections Manager
  • Ryvkin = Executing legal affidavits as a non-attorney


🚨 That raises:


  • ⚠️ Non-neutral notarization
  • ⚠️ Compromised verification
  • ⚠️ Unauthorized Practice of Law (UPL) concerns


👉 Courts rely on these documents.
👉 If they’re compromised → everything built on them is at risk.



⚖️ STEP 2: BUILD YOUR RECORD (DO THIS FIRST)


Before filing anything, gather:


📄 Confession of Judgment
📄 Affidavit of amount due
📄 Funding agreement
📄 Guaranty
📄 Payment history
📄 Bank statements
📄 ACH records
📄 Processor statements
📄 Freeze / hold notices
📄 Emails (especially to your clients)
📄 Call logs (especially spoofed calls)


👉 Do not rely on memory. Build proof.



🧾 STEP 3: FILE A MOTION TO VACATE


File in:


👉 Polk County, Iowa District Court


Your motion should clearly argue:



🔹 Lack of Iowa nexus

🔹 Amount NOT “justly due” (Iowa Code § 676.3)

🔹 Defective verification / missing jurat

🔹 Improper notarization (non-neutral notary)

🔹 Payments not credited

🔹 Confession signed before default

🔹 Forum shopping (see NY CPLR § 3218 amendment)



👉 You do NOT need to be perfect.
👉 You need to be clear and factual.



🚨 STEP 4: IF YOUR MONEY IS FROZEN — ACT FAST


If you had:


  • Bank accounts frozen
  • Payment processors restricted
  • Funds seized


👉 Do NOT wait.


Ask the court for:


  • Release of funds
  • Removal of restraints
  • Stay of enforcement


⚠️ Time matters here.



⚖️ STEP 5: APPEAL IF NECESSARY


If judgment is already entered:


👉 You may still:


  • File a Motion to Vacate
  • File an Appeal


💥 Do BOTH if needed to protect your rights.



💰 STEP 6: DOCUMENT YOUR DAMAGES


Start tracking immediately:


  • 💸 Frozen funds
  • 💸 Lost revenue
  • 💸 Processor shutdowns
  • 💸 Lost clients
  • 💸 Returned transactions
  • 💸 Legal costs
  • 💸 Business disruption


👉 If the judgment is invalid → damages matter next



🚨 STEP 7: FILE COMPLAINTS (THIS BUILDS PRESSURE)


Do NOT skip this.


File complaints in ALL of the following:



🏛️ IOWA

👉 Iowa Attorney General

  • No nexus
  • Defective judgments
  • Inflated amounts

🏛️ NEW YORK

👉 New York Attorney General

  • CPLR § 3218 abuse
  • Forum shopping
  • Out-of-state enforcement tactics

🏛️ FLORIDA

👉 Florida Attorney General
👉 Florida Bar (UPL)

  • Notary misconduct
  • Unauthorized Practice of Law
  • Florida-based actors

🏛️ YOUR HOME STATE

👉 Your State Attorney General

  • This is where your actual damage occurred
  • Bank freezes
  • Client interference
  • Revenue loss


⚡ FINAL REALITY


This is not isolated.


  • 📊 200+ similar filings
  • 🔁 Same structure
  • 👤 Same individuals
  • ⚖️ Same legal issues


👉 That matters.



🔥 BOTTOM LINE


If ANY of the following happened:


  • ❌ No Iowa connection
  • ❌ Amount inflated
  • ❌ Payments missing
  • ❌ No proper verification
  • ❌ No jurat
  • ❌ Signed before default
  • ❌ Ryvkin affidavit involved
  • ❌ Sutton notarization involved
  • ❌ Accounts frozen / clients contacted


👉 Your judgment may be:



⚠️ VOID OR VOIDABLE



🚀 WHAT TO DO RIGHT NOW


  1. Pull your documents
  2. Identify your strongest defect
  3. File your Motion to Vacate
  4. File complaints in NY, IA, FL, and your home state with their respective notary associations, bar associations, attorney generals, and any other regulatory bodies. 


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