luperu123 Posted September 30, 2004 Report Share Posted September 30, 2004 Hello I have for some time been trying to get this CA to validate a debt. Every time I send them a letter to validate the debt they have responded by sending some court documents from the original creditor and/or a letter explaining that they have fullfilled my request. I sent them a final C&D letter explaining how I only wanted to deal with the original creditor of this account, they ignored my request and placed a levy on my savings account, can I continue to sue them for improper validation methods, or do I need to do something else. Please help It my pleasure to be a part of this forum Link to comment Share on other sites More sharing options...
breathing_easier Posted September 30, 2004 Report Share Posted September 30, 2004 Welcome to the CIC, luperu123!Hello I have for some time been trying to get this CA to validate a debt. Every time I send them a letter to validate the debt they have responded by sending some court documents from the original creditor and/or a letter explaining that they have fullfilled my request.By "court documents" and the "levy" it sounds as if they may already have a judgment against you?I sent them a final C&D letter explaining how I only wanted to deal with the original creditor of this account...It is unclear whether this is a CA who purchased your account from the OC. If the account was purchased, there is no more dealing with the OC, unless they would agree to buy back the account, which is very unlikely.We'll need some more details about your situation before we can help. Link to comment Share on other sites More sharing options...
luperu123 Posted October 1, 2004 Author Report Share Posted October 1, 2004 I think this is a lost cause, They do have a judgement against me.. they never validated my debt though I don't understand.. should I just let this on go? Link to comment Share on other sites More sharing options...
breathing_easier Posted October 1, 2004 Report Share Posted October 1, 2004 Now that they have a judgment against you, there is very little incentive for them to validate the debt. Did you answer the summons and appear in court? Serve them with discovery requests? That would have been your time to demand validation. Once again, it would be helpful to know if this CA purchased your account from the OC, or if the CA is acting as an agent of the OC. Your C&D letter stating that you only want to deal with the original creditor of the account is of no use if the CA purchased the debt. It is now their debt and the OC is out of the picture except to perhaps leave a negative TL on your reports. Even if the debt was not sold by the OC and the CA is simply acting as an agent for the OC, the judgment pretty much means that the court says the debt is yours. Has the appeal period run? Is the judgment appearing on your credit reports? If so, you can begin the dispute process with the CRAs.Read, read, read everything on this board, including the links at the top of the page and all forums and stickies. Use the "search" function to search under terms (such as "judgment") which will help you find threads that will answer your specific questions and concerns. Link to comment Share on other sites More sharing options...
luperu123 Posted October 1, 2004 Author Report Share Posted October 1, 2004 HelloIm so sorry about not giving complete information, im just a bit overwhelmed by this situation, I neve received a summons to appear in court and therefore I couldn't do the discovery requests thing..to the best of my understanding with all the paper work regarding the CA is just the agent of the OC. What appeal time period??!!.. I haven't received any papers in the mail about this!? (The only reason I found out is because I tried to pull money out of my savings account and wasn't able to) It does not show as a judgement on my credit report, only the CA listing, again I have been asking them to validate this debt and all they don't it verify information.. can I file a motion to vacate to have my money returned to me?? I am so sorry I just don't understand how they can be right in doing thisI don't doubt Im just having a hard time understandingthanks Link to comment Share on other sites More sharing options...
breathing_easier Posted October 2, 2004 Report Share Posted October 2, 2004 HelloIm so sorry about not giving complete information, im just a bit overwhelmed by this situation,No need to be sorry...it is a little overwhelming when you first begin to read everything on this board and others. Just take a deep breath and we'll try to answer your questions as best we can. I never received a summons to appear in court and therefore I couldn't do the discovery requests thing..to the best of my understanding with all the paper work regarding the CA is just the agent of the OC. What appeal time period??!!.. I haven't received any papers in the mail about this!?You need to contact the clerk of that particular court and find out about the judgment and if it was properly obtained and executed. Perhaps you recently lived at another address where the summons was mailed? Or perhaps you received notice of a certified letter that you never picked up at the post office? Somehow the CA was able to obtain a judgment...most likely a default judgment because you didn't respond. The court will have all of the information as to where the summons was served, how it was served, etc. What state are you in? There are different rules of service in each state. After a judgment is entered, there is a certain period of time in which you can appeal the judgment. By chance is this debt a student loan? Link to comment Share on other sites More sharing options...
luperu123 Posted October 2, 2004 Author Report Share Posted October 2, 2004 I live in Califoria and no this is not a student loan this stems from an Eviction I had back in 2001, the Management Company let a CA take over it. Link to comment Share on other sites More sharing options...
luperu123 Posted October 2, 2004 Author Report Share Posted October 2, 2004 How do I appeal the judgement.. how many days would I normally have to do this. Which court.. the court where the Evication trial took place? I don't know because I haven't rec'd any paper work on it. Link to comment Share on other sites More sharing options...
breathing_easier Posted October 2, 2004 Report Share Posted October 2, 2004 The appeal period can vary, depending on the court. However, if the eviction trial was held in 2001 and a judgment was granted at that time, I would assume that the appeal period has long since passed. I'm assuming that you haven't paid anything on the judgment? If so, then it sounds as if the CA is finally enforcing its three-year-old judgment. Perhaps there is a statute of limitations in CA on enforcing a judgment, but I'm not sure. The court name and case number is at the top of the judgment that the CA sent you in response to your DV letter. Since they have a levy against your bank account it sounds as if you will either have to pay, or close the account. However, even closing the account will not free up the funds that are already in the account. One bright spot is that the judgment is not reporting with the CRAs. Link to comment Share on other sites More sharing options...
luperu123 Posted October 2, 2004 Author Report Share Posted October 2, 2004 Okay.. Im not a sore loser. I'll let it go since my intentions were to pay them anyway. Thanks for all your help. I really appreciate it. I have more things on my credit report to worry about.. Ill take this a as a learning experience.I be back to ask more questions Link to comment Share on other sites More sharing options...
luperu123 Posted October 6, 2004 Author Report Share Posted October 6, 2004 Here is the latest;it turns out that the balance in my savings account is less than the debt that I owe the CA (who placed a levy on my account) what are they going to do now.. I closed the account and stopped all direct deposits.. what will happen next Link to comment Share on other sites More sharing options...
luperu123 Posted October 9, 2004 Author Report Share Posted October 9, 2004 Okay so I lied, Im a very sore loser Im sorry if I keep asking the same question in a different way, but I keep reading different things on the website thats says the CA is wrong for placing a levy on my account without validating the debt.I keep hearing this JUDGEMENT term, did I have to be present in court for the CA to get such a judgement against my savings account??!! Because if they did I was never properly informed of this.The only time I went to court was with the original creditor; who was the Property Management Company (my former lanlord) but that was to evict me out of the apartment. Was there a judgement at this time??I was reading the case of BRENNAN vs SPEARS, if I understand it correctly the collection agency got in trouble for NOT validating the debt and obtaing a judgement against Spears??! Just trying to understand the laws because at this point its all I have to protect my savings.Thanks Link to comment Share on other sites More sharing options...
Guest Posted October 13, 2004 Report Share Posted October 13, 2004 When you are taken to court for an eviction .. if you have to move because you could not pay the rent then YES you have a judgment against you in the amount of the unpaid rent and whatever else the apt management company asked for in their complaint.If you appeared at that hearing and they got a judgment and you moved out because of that court date then there is nothing you can do at this point.NOW.. if they sued you for something else AFTER the eviction that might be a different story. Link to comment Share on other sites More sharing options...
luperu123 Posted October 13, 2004 Author Report Share Posted October 13, 2004 BY GEORGE I THINK SHE GOT IT!!! You're basically saying that the Eviction trial was the JUDGEMENT and therefore all credit laws don't apply to it after that. I feel so dumb sorry to stress everyone out I was just trying to understand thats all Link to comment Share on other sites More sharing options...
luperu123 Posted November 19, 2004 Author Report Share Posted November 19, 2004 Just becuause I got evicted doesn't necesarily mean I automatically received a judgement... right? Link to comment Share on other sites More sharing options...
breathing_easier Posted November 19, 2004 Report Share Posted November 19, 2004 The management company/landlord had to have received a judgment from the court in order to evict you. Have you requested a copy of the judgment from the court? By reviewing the court's records you can also find out upon which address they served the original papers. If the papers were improperly served and you really had no notice of the court proceedings, you could always try to have the judgment vacated, but after three years the court may not look to favorably upon that. Spears case wouldn't apply here because you never requested validation before the judgment was entered. Link to comment Share on other sites More sharing options...
luperu123 Posted November 19, 2004 Author Report Share Posted November 19, 2004 Link to comment Share on other sites More sharing options...
breathing_easier Posted November 19, 2004 Report Share Posted November 19, 2004 So have you reviewed the court's records...? Link to comment Share on other sites More sharing options...
luperu123 Posted November 19, 2004 Author Report Share Posted November 19, 2004 I am going to sent a letter to the court to request a copy of the judgement today. Link to comment Share on other sites More sharing options...
luperu123 Posted November 20, 2004 Author Report Share Posted November 20, 2004 The actual judgement wasn't fiiled until May 15, 2003 this is after I had requested more than once that they validate the debt not just verify it as they did. Link to comment Share on other sites More sharing options...
UnrulyJulie Posted November 22, 2004 Report Share Posted November 22, 2004 Hey! I don't mean to break in here...but I have a similar situation. About a year and a half ago, my apartment complex began eviction proceedings on me because I could no longer pay. I got out before they came and threw me out, and I was later mailed a copy of a partial judgment of eviction. How would this differ from a regular judgment? Before I left, they served court papers under my door and I was invited to dispute the eviction process but not demanded to appear in court. I didn't go because I was scared of what would happen and I had no way to pay anything (I was unemployed and undergoing treatment for Crohn's disease). There is no judgment on my CR. However, I think the debt has been turned over to a CA because it appears on my CR in the approximate amount I would owe, but they have not been actively trying to collect from me. I just sent my first round of DV's and disputes last week and this was one of them, so it'll be interesting to see how they respond. They also reported me to a 3rd party CRA called saferent.com and I got turned down when I tried to get an apartment a couple of months ago. Link to comment Share on other sites More sharing options...
square1 Posted February 2, 2005 Report Share Posted February 2, 2005 Hey Jules...any results on this yet? I've got a CA trade from an eviction also that I've been too scared to touch. Link to comment Share on other sites More sharing options...
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