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Help with collection agency


juled
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While you were at the courthouse did you get a copy of the case file for the judgment ??? If not, go back and get it. If you're going to challenge the judgment based on improper service, you need to know 1 - how, when, where and to whom the original service was done, and 2 - what ARE the laws for proper service in your state ???

You need ammo to fight, so its time to lock and load !!

BTW, what state ARE you in ??

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Thanks Lady! I am in IL and the Sherman Acquisition people are in NC. I had no idea about those copies and will definately go back before and get those. My legal department said its an easy in and out because I did not live at that address when they served the so called papers.

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Thanks Lady! I am in IL and the Sherman Acquisition people are in NC. I had no idea about those copies and will definately go back before and get those. My legal department said its an easy in and out because I did not live at that address when they served the so called papers.

Sherman Acquisitions does not hold a valid collection agency license in Illinois. I just checked the ILDPR web-site. If their State does not allow reciprocity (IOW IL-only licenced collectors to operate there) then they are in big trouble.

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So what does this all mean? They can't sue me? Do I need to bring additional paperwork on them to court?

OK, I checked all the States listed in the CA sticky that Sherman has addresses. Texas, South Carolina, and New York. Texas requires a $10,000 bond. None of them have licensing requirements. Under Illinois Law, that means they must obtain a license from Illinois and post a $25,000 bond to the State in order to go after any Illinois resident.

Make a print out of the web-search on the ILDPR site showing that they are not licensed. Call the ILDPR to verify it and jot down the name of the ILDPR representative that provides the info. Tell the judge they are not licensed to collect in Illinois and have no legal rights to be in Illinois collecting on debts. 225 ILCS 425/1, et. seq.

The judge may be pissed off enough at being taken for a ride by the CA that he dismisses it outright and fines their butts. I think the penalty is up to $50,000...fine payable to the State...sorry you don't get any $$ out of the licensing violations.

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Thanks so much for this info! I do get something out of it.....a judgement dropped and that is all I care about at this time. I had no idea collectors could be so slimey! You are a big help Methuss! Do you have the website for ILDPR?

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One big thing to look for in the case file is whether there was any "Service by Publication."

See, a plaintiff can try to serve a defendant at the defendants last known address. If the defendant cannot be found, then the plaintiff must submit a motion for an Order permitting service by publication, and at the same time submit an affidavit stating what steps they have taken to locate the defendant. If the court grants the motion, then the plaintiff can complete service by publishing Notice of the suit for a period of time in a general newspaper (i.e. in the Legal Notices section of the classifieds). Usually needs to post it once a week for three to four weeks. If they do that, and no response from the defendant is made within a certain time from the last day of publication, then the plaintiff can move for a default judgment like normal.

If this is what happened, then in the case file there should be the Motion for Publication, an affidavit from the plaintiff that service could not be acheived, an Order from the Court permitting publication, and a copy of the Publication itself.

If that stuff is in there, then you should really get an attorney to help you out with this, as a motion to vacate subsequent to service by publication is a lot more difficult than a motion to vacate when there was no service by publication.

Not trying to throw any curveballs at you here, just wanting to give you a heads up on something that can make a big difference on your situation.

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Thanks so much for this info! I do get something out of it.....a judgement dropped and that is all I care about at this time. I had no idea collectors could be so slimey! You are a big help Methuss! Do you have the website for ILDPR?

http://www.ildpr.com/licenselookup/default.asp

5-1 odds they served it to an address you never lived at or have been gone from for a long time. Regardless the Judge may not take kindly to them taking a court action they had no legal right to take in the first place. Statements like "It is disappointing that the Court originally allowed a default judgement to be entered against me when State law prohibits Sherman from taking action against Illinois residents without first obtaining the proper licensing and posting the appropriate bond." could go a long way towards swaying the Judge's opinion. If he thinks the courts were deceived into making a judgement, he may take a whack at Sherman for it in addition to dropping the judgement.

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:!::!:TALK TO A LAWYER :!::!:

If Sherman has a judgment against you, they can, depending on where you live execute a garnishment on your wages or have your property taken and sold for payment or your bank accounts frozen.

Proper service dependingn on the state where you reside, can be attempts on service at your last known address or placing notice in the newspaper for 3 days at the last know city of residence, so don't hang your hat on getting the judgment dismissed on those grounds.

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Back to my previous question...can they do this if they are not liscensed in the state of IL?

Regardless of the fact that they obtained the judgement through deception of the court, they do have the judgement. So yes they can execute attacks against your property.

A lawyer is the best way to go in dealing with this. You will win. It's just a matter of time. Even if they do execute an action on your property, if you later show they obtained the judgement through deception of the Court, you can sue for fraud.

But, until they actually do something to you, all you can work on right now is getting the judgement overturned.

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The only caveat I know of to the IL collection license requirement is:

No collection agency shall be required to be licensed or maintain an established business address in this State if the agency's activities in this State are limited to collecting debts from debtors located in this State by means of interstate communication, including telephone, mail or facsimilie transmission from the agency's location in other state providing they are licensed in that state and the same privileges are permitted in that licensed state to agencies licensed in Illinois. 225 Ill. Comp. State 425/4

If these guys are in Chicago, they have to be licensed.

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