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what can you do if you're bamboozled????


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I am starting to believe that the debt collector who sued me was not authorized to do so. The OC stated that they did not sell the debt to this company....since I have already been sued...does the debt collector have to provide me with paperwork indicating that he is authorized to collect this debt if I file a motion to vacate? When the judgement was entered I had no idea about validation and things of this nature. I was just intimidated and believed I owed what I was told....I honestly feel that this company is shady!!!!Has anyone heard of Commonwealth Receivable in MA?? They also go by The receivables group.

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You could try this approach - it's sort of like an appeal. I'd make sure your case is pretty solid, though.

And to answer the question the title of your post asked, "What to do if you're bamboozled" - head to the nearest bar. Not only will you get a drink, but there are most likely some lawyers there. :twisted:

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THANKS!!!!! I think I will do that!! Should the court records consist of information presented when the judgement was awarded??? It talked with the clerks office and was told that I can come in anytime and I can have access to anything in the record. I guess I should do that...I guess too that I was under the impression that they could not sue using the OC's name.

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look for the complaint, which should contain an allegation stating the plaintiff's status ( ie, whether it is a assignee of the OC or an agent). That will help.

If it was a default judgement, there are usually time limits within which you must move to vacate. In NYS, it is a year. At any rate you will want to say why the service on you was bad, and show that you have a meritorious defense to the action.

Sounds like you are not only bambbozled, but flummoxed, as well.

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Debt collectors don't sue, lawyers do! Wolpoff & Abramson for example, have affiliated attorneys in most cities and they are the folks who litigate on behalf of the collection agencies. They count on winning by default because the defendant doesn't show up or even in many cases Answer the complaint initially. A great way to bust a judgment is by filing bankruptcy if that works for you! BTW, DV is not a cure-all to prevent lawsuits because in actuality lots of people are still summonsed after the CA failed to validate! Also, if sued on behalf of an OC, they will most likely prevail given they can produce a representative in court to prove the debt was valid. Debt buyers on the other hand are the most likely to sue people, but they typically cannot cough-up enough documentation or a representative to solidify a case. Maybe the lawyers here can comment further.

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