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About dukeaviator

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  1. In short, I have to put up with this judgment on my credit report for another 5yrs, get a attorney to fight this over something this collection agency can't enforce, an can't file a claim againt an unregistered colleciton agency; either FDCPA or State claim? Kind of a sucky deal...but I appreciate your help and insight.
  2. according to the documents I have, it states.... ---------------------------------------Assignment of Judgment--------------------------------------------- For value recieved, OC, hereby transfer, assigns, and conveys without recourse unto the Cadle Co all its rights, title, powers and options in, to and under certain judgment enter on 04-27-95 and rendered against the defendent. http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_58/Article_70.html According to link above that defines a collection agency in NC...I beleive they are a collection agency. Not sure I understand this question, but here is the statue... http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_1C/Article_17.html Not sure about this question. Can you explain in lamen terms? Not sure about this question. Can you explain in lamen terms?
  3. http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_1/GS_1-47.html Thanks for helping clarify a few things. One more question... According to the NC statue GS 1-47-1 above, am i incorrect to believe this FL judgment can not be enforce in NC after 10yrs? FL statue states all judgments are enforceable for 10yrs, renewable for another 10yrs for a max of 20yrs, but in NC they only enforceable to a maximum of 10yrs. Since NC statue limits enforcebility on judgments to 10yrs, can I not dismiss this case on the ground that this judgment is time barred? Also, since this OC transfer this debt to the Cadle CO, how is it possible the Cadle Co can domesticate this judgement if the are not licensed in the state of NC?
  4. So, how do I go about getting this off my credit report?
  5. Here's my thinking.... Since the OC transfered this judgment to the Cadle Co., the Cadle company is considered a collection agency. If my thinking is correct, since the Cadle company in not licensed to conduct collection activity in the state of NC, Cadle company has no right to file for a foriegn judgment. I submitted my answer for affirmative defenses as noted below... -No contractual agreement between defendent and Cadle Co -Cadle Co. not authorized or licenced to conduct collection activity in the state of NC -I reserve the right to amend and/or add additional answers, defense and/or counterclaims at later date. Since I filed my answer in 10/06, I have not heard anything from the courts on a court date nor from the Cadle Co. I'm dealing with this now because this new filing for a foriegn judgment is on my credit report. I feel there are so many illegal thing being conducted by this company, I'm completely fed up with this crap.
  6. Thanks for helping me clarify a few things....
  7. It still leaves me with an unanswer question....If NC has a 10yr limit on judgments and foriegn judgments, how does that affect this florida judgment? http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_1/GS_1-47.html According to the link, the NC statue only talks about judgments originated in NC. I could not find anything on foreign judgments and how long they last. Another thing, The Cadle company is not listed as an "Authorized" collection agency to conduct collection activity. Because the OC assigned,transfer, convey (all seem to mean the same thing, IMHO), are they even allow to attempt to domesticate this judgment if they are not the OC who obtain the judgment?
  8. They (Cadle Co) filed a "Notice of Filing of Foreign Judgment" on 09-20-06. According to sunbiz.org the lien certificate was filed on 02/01/02 and has "lapsed" 02/01/07. As of today is still indicates "Lapsed". I called Tallahassee about this and I'm confused about the difference between a "Judgment" and a "Judgment Lien Certificate". If judgments are last 20yrs (renewable after 10yrs), how does a "lapsed" Judgment Lien Certificate affect the 20yr enforcement?
  9. http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=283001&highlight=judgment+transfer Can a CA domesticate a judgment to another state if the OC who obtain the original judgment and then transfers a judgment to a CA?
  10. I was reviewing old records that brings up a question about assigning judgment. If the OC assigns a judgment to the Cadle Co., who owns the judgment? (My opinion says Cadle Co.) -The OC obtain a default judgment in 1995 in FL. -The OC transfer,assigns and conveys judgment to Cadle Co in 1998. -The OC attempts to sue in non-resident state base on original judgement in FL in 2004. ( I countersued. Plantiff and Defenedent awarded judgement. $0 awarded to both Parties) -Cadle Co obtaines foreign judgment in North Carolina naming Cadle Co as Plantiff. a few questions.... -Who owns this judgment? -If OC transfer judgment to Cadle Co, How can OC sue in a different State if OC transfers judgment? -Courts records in FL indicates judgment expired in 2005. If judgement expired in 2005, can Cadle Co obtain a foriegn judgment in NC since NC only allows 10 years SOL on Foreign Judgment?
  11. Live in Raleigh, NC and I'm looking for an FDCPA Attorney. I'm not looking to file BK. Been dealing with the Cadle Company for too long and now I'm looking to take this fight to their door step. Any assistance in locating a FDCPA Attorney would be greatly appreciated.
  12. two questions? Is the Cadle Company a collection agency or a law firm? If the OC has a default judgements on file and transfer, assigns, conveys all rights, interest, powers, etc. to the Cadle company, does that make the Cadle company collection agency? My guess it makes them a collection agency by definition.
  13. Maybe I was misunderstood. I read on another thread posted by LadynRed about some states don't allow defaulted foriegn judgements to be domesticated in some states. Sooo...I ask again...does NC allow defaulted foreign judgments to be domesticated in this state.