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  1. I was sued by unifund in small claims court Alabama, I counter sued due to clear a FDCPA violation. On their case against me, they failed to perform a key procedure of the court rules and I had the case easily dismissed. On my counter suit, I proved that they failed to cease collection after receiving a validation request, the judge agreed and granted me a 1000 dollar judgement against them. How do I collect? I have researched getting a writ of execution, but how does that work with Unifund being in a different state? Funny how when the shoe is on the other foot, they won't pay their bills
  2. I want to settle a judgement after 4- years when I got it. They attached one of my banks but there were no funds in it so that account I cant do anything with- They just initiated a wage garnishment but its a part time gig and in California they are not going to get much. But I want to rid this thing once and for all. What is the best negotiation tactic to offer less than 50% of a about a 4K debt? Should I contact the debt buyer directly- the attorneys that are listed on the account for wage garnishment. Should I not phone call them or just send a letter certified to offer a se
  3. I had a preliminary title search done on my house in San Francisco. I found a judgement for Midland for about $9043. I had never been notified. I had never heard of this. It is not on my credit report. I called Midland and it turns out to be a credit card that had been charged off in 2010. On the charge off statement on Midland's website the total due was approx. $7000. The judgement was on October 2, 2018. Does anyone know if there is a statute of limitations? Is there anything I can do about this?
  4. Capital One Bank (USA), N. A. Balance: $4,704.79 I was laid off back in 2007 and defaulted on my capital one credit card. I was not in a good headspace and never opened my mail as it was always bills and collection notices. At some point a judgment was ruled against me in 2010 for the Cap One debt that I was unaware of (being taken to court) until I just received this letter from Patenaude & Felix, A.P.C. FKA Bleier & Cox, A.P.C. dated 2/25/19 this past week (it went to an old address). It reads I have 14 days to accept their offer (reduced to 70% - $3,293.35). 1) do lawsu
  5. Hi I am being sued by Midland through an attorney in Georgia. I never received an initial letter. I was served March 1, 2018 and was totally surprised because I never received anything stating that I owed Midland. I called the court and they stated that they filed but hadn't submitted the server confirmation yet. I have until the end of March to reply. I did have an account with the bank but it was written off. 3 different DC owned the alleged account before Midland. They sent me the attached bill of sales with certificate of conformity and 3 copies of old credit card statements without my nam
  6. Hi, I was the owner of an single member LLC that went out of business. A debtor (advertising company ) sued for balance owed and for breaking the contract. I never signed personally for this contract but the plaintiffs attorney named the LLC and myself on the complaint. They eventually got a default judgement for both the LLC and myself. Do I have grounds to have this motioned to vacate? This collection company is now trying to collect on this judgement. Any advise would help. Or even a sample motion to vacate would help.
  7. needing help with my moms judgement .............i followed steps provided on one of the forums but unfortunately i didnt notice the forums was a few years old that i had studied and with the information i was provided i shared in court and portfolio had an answer and the judgement was against my mother based on my lack of providing evidence or information for the judge to move in her favor.................... with that being said are there any forums already posted that address someone filing an appeal or anything related that i could study that would help build a stronger case against portfo
  8. My employers HR Dept. was recently notified that I had a judgement against me from PRA. I have never been served any papers by either a process server or in the mail about any lawsuit against me. Is there anything that I can do? Because of this judgement, I am at risk of losing my job and a professional license now. I don't even know how much the judgement is for or if it is even valid. How do I even know that they are not just making up stuff and won't continue pursuing to try and get other judgements against me since they have now found a way for me not to fight back?
  9. Hi. I have to go to court next week to defend myself against a Motion for Summary Judgement from Midland Funding. I have never been to court and do not know what to expect. Following is link to the Complaint, my Answer, Plaintiff's Motion for Summary Judgement and my Objection to Motion and Request for Documents. Also please see my responses to common questions below. Thank you in advance for any advice you might offer. *******EDIT - If you can't open files below see other link in my next post below ************ Complaint: https://www.evernote.com/shard/s447/res/9d65396d-9099-4f
  10. Back in 2009 we were losing everything. A law firm Michael Kahn filed an Entry of Default, Clerks Judgment for a $24000.00 AMEX bill. Nothing was ever done, I never heard anything more and my credit report said the debt had been written off. It doesn't even appear on my credit report now....well, unless it will be populated again by the action that another firm, Bleier & Cox, APC. They somehow have this judgement that was files with that Kahn firm in 2009. They mailed a copy of the judgement with their names on it. Five (5) days later all personal accounts were EMPTIED....I
  11. I have recently pulled my credit report and saw that I have a judgement for about $2100. It is from CACH LLC for a CareCredit card that I had.. I didn't go to court for this.. How can i get this removed?? I am willing to do a payment plan or settle the debt..
  12. It all started last year, my case is in california and i had a lawsuit against me for the amount around 1,800. I have went to court and tried to fight the case the best i can but it seemed that the judge was more in favor towards the plaintiff. I had no way to lower the amount i owed and i tried to do a payment plan but it was already too late. so i end up loosing the case and now i have a judgement against me for the amount now of @2500 that is with the lawyer fees , etc. So now its 2016 and i am barely making it to survive. so i have a car that's already payed off under my name its a ( 8
  13. Hi! I am new here. I pulled my credit a month ago and found a judgement from 2014. I never knew about the judgement as I was never served. When I opened the credit card I lived in Virginia. Due to my daughter having special needs we moved to Missouri in 2013. I was completly unaware of the judgement. They supposely served me at an old address. No family lived there. I called Portfolio to resolve the issue and they would not negotaite. They will accept the whole payment for 1100.00. As I talked to them they kept threatning me telling me they will take more legal action against me if
  14. Hi! I am new here. I pulled my credit a month ago and found a judgement from 2014. I never knew about the judgement as I was never served. When I opened the credit card I lived in Virginia. Due to my daughter having special needs we moved to Missouri in 2013. I was completly unaware of the judgement. They supposely served me at an old address. No family lived there. I called Portfolio to resolve the issue and they would not negotaite. They will accept the whole payment for 1100.00. As I talked to them they kept threatning me telling me they will take more legal action against me if
  15. My question involves an entry of judgement in the State of: Washington, DC Two 1/2 years ago a debt collector sued me for a credit card debt. We settled and a judgement was NOT entered. As long as I made $75 dollar payments a month until the payment was paid off, then debt would be resolved. Fast forward, early 2015 I was told my last payment was due on August 2015. I made my "last" payment in August of last year. Three months later I'm being sued and entry of default has been set against me because I didn't make the last two payments. It seems, that sometime be
  16. Hi all First post, so take it easy on me I completed my chapter 13 bankruptcy in January of 2014. It only took me a couple years to complete. Most of the debt was from payday loans that I just could not catch up on. Chapter 13 was a good solution to help me organize my debt, and pay off in full without trying to manage multiple creditors. I filed in 2012. Long story short, recently I was denied credit because of a judgement on my credit report. Upon further review I found 2 judgements from 2010, prior to my bankruptcy. One of the judgements reflects that it is satisfied, and indeed tha
  17. Listen, I am not a lawyer and I am not an expert, by any means, but I've been reading this forum for over a year, and now that I have also had some experience in these matters, I feel compelled to make a few observations about (what seems to me to be) the general strategy that JDBs (junk debt buyers) use, at least in California. 1st – The JDBs depend upon the fact that most defendants are not going to answer the complaint filed against them, which allows the JDB to receive a default judgement, winning the case, and allowing the JDB to then proceed to garnishing the defendant's wages. 2nd
  18. Hi I'm new here and am at my wits end on what to do. In 2008, I got a $13,000 personal line of credit from Beneficial. I was paying extra every month for insurance in case I was unable to work due to an injury etc. Well, I broke my leg that year, and asked to have the insurance coverage be put into effect. They denied me because I was self employed. Funny thing is, they knew I was self employed when I got the line of credit. I fought it with a lawyer, and they dropped it. Then, on December of 2011, a judgement was entered against me for $14,996.94. I have not been able to make any payments, pl
  19. First post for me in a long while. I was a member here many years ago. I have a pretty good handle on most credit repair topics, but have run into one that I haven't experienced before. I have a judgment showing up on my reports with Equifax and TransUnion. it is not my judgment. My landlord was sued for foreclosure due to non-payment of her condo fees. In these instances, the association also has to sue anyone that has an interest in the property, which includes the tenants. The reason being is that if they foreclose, they extinguish everyone's right to own or occupy the property. Th
  20. 1. Who is the named plaintiff in the suit? PCA Acquisitions V, LLC 2. What is the name of the law firm handling the suit? Machol & Johannes 3. How much are you being sued for? 4,500.00 4. Who is the original creditor? GE Capital, amazon card 5. How do you know you are being sued? Served 6. How were you served? They handed papers to my husband when he answered the door. 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? Washingto
  21. I've been reading the forums but didn't find anything specific to my state on getting judgements vacated or how to do it. We just went to refi our house and found out there is a judgement on my husbands Transunion report of a judgement from Capital one from 2010. This is from WA state. We finally found the judgement on the court page and there is a filing date of 1/26/2010 and a judgement on stipulation on the same date. On 2/26/2010 there is another filing that says ORDER RE: SUPPLEMENTAL PROCEEDINGS JDG0001 and at the end where the fee amount would be they have 04-12-2010MO. On the next
  22. I've been living in Florida for 8 years now. I've built my credit up to just under a 700 score. Not great, but I've made a lot of progress. About 2 years ago I started getting really proactive about it to the point that I check my credit report at least every other week, and there have been no judgements or collections on my credit report in that time. Today (2015) I got paperwork in the mail from my bank stating that $4,652 from my savings account was put on hold by an attorney because of a judgement that was filed against me in New York in 2005. This included (from what I understand) 10 yea
  23. Hi All, Lost my case today :'> . If you are in Chatsworth with Judge Brenner, he is 200% a Creditors Judge. After the verdict, I asked him if you don't take any evidence or lack thereof into consideration how does a Defendant ever pervail in your court, he said only by proving they are not the correct person being sued or if the Defendant paid for a defective item and the store refused to reimburse. He then added if you make charges and make payments then I believe it to be your bill. . Essentially he takes no 2015.5, CCP98, elements required for an account stated, Custodian of Reco
  24. I saw on my credit report that a judgement was filed against me from a company I had never heard of. What's worse is that I was never notified of the judgement so I wasn't given the opportunity to have my day in court to defend myself! What do I do now? Do i need to get a lawyer and file some kind of motion? I'm so lost! Thanks!
  25. I'm new to the world CreditRepair...etc... First post. Basically I have two Judgements from bad CC that I did owe but couldnt pay totalling up to about 11k. I went to the hearings but lost. 1.) Portfolio Recovery. $5178 Dec 2012 5% interest 2.) Midland Funding $7311 March 2012 5% interest Should I settle, or what options are there? Has anyone had any experience in settling with these companies? Should I go for 25%. What are the correct steps? I.E. any letters to have this done the "correct" way.....