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Jugment bought by Sherman


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Providian sold judgment to Sherman. I have checked with County Court and judgment is still with Providian. I have read state statutes (TX), but haven't been able to find out if Sherman has to do anything to put judgment in their name.

Que-If Providian brought the Judgment then deal with Providian to get them to remove it. If the debt belongs to Sherman the they should put it in their name to my knowledge. DV Sherman and force them to validate if the debt is theirs Send a DV letter, based on Credit Info center of course (the best site on DV period) to them. Here was a letter I sent to NCO financial forcing them to validate if the debt belongs to them. After looking over this letter read my comments:

From: QMAX

6XXX S Address.

City State, Zip

To: NCO Financial Systems Inc

Department 300

1800 Washington Blvd.

Baltimore, MD 21230-0141

Fax (443) 263-3053

Re: PayPal, Inc. 2XXXXXXXXX

5071594

Dear: Mr. Evans (Collection Agency Manager) of NCO Financial Systems Inc:

This letter is being in response to your solicitation to collect debt on behalf of PayPal Inc. It is also a notice indicating that your claim is disputed. Under the Fair Debt Collections Practices Act (FDCPA), I have the right to request validation of the debt you say I owe to you, & not the original creditor. I am requesting proof that I am indeed the party you are asking to pay this debt, & there is some contractual obligation which is binding on me to pay this debt to you. Under the FDCPA the original creditor is the original entity who loaned out money to the consumer:

TITLE VIII - DEBT COLLECTION PRACTICES [Fair Debt Collection Practices Act]

§ 803. Definitions [15 USC 1692a]

As used in this title --

(4) The term "creditor" means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another.

We’ve never been extended credit by PayPal Inc.,. You should also be aware that reporting such invalidated information to major credit bureaus might constitute defamation of character, as the negative marks on my credit report harm my credit & prevent me from enjoying all the benefits of good credit. I’m sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC & other state or federal agencies. In addition please provide copies of:

• Agreement with your client that grants you the authority to collect on this debt if purchased by your agency under applicable FDCPA law.

• Agreement which bears my signature wherein I agreed to pay this creditor.

• Agreement that bears my signature wherein I agreed to pay this debt to your agency.

• Any insurance (if any) claims made by the creditor regarding this account.

• Any judgments (if any) obtained by any creditor regarding this account.

If the above isn’t satisfied in the appropriate manner, I therefore request that you CEASE & DESIST in your efforts in trying to solicit & collect on the above referenced account. What legal documents prove that you are legally authorized to collect on this debt? What payments have already been made on the account proving that I recognized it as being accurate? Where is the accounting of the debt, including all determination of interest & fees including the full payment history, the assignment of this debt to your agency, as required by legal precedent in the case Fields v. Wilber Law Firm, Donald L. Wilber & Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004.. (http://caselaw.lp.findlaw.com/data2/circs/7th/034108p.pdf)? My personal policy is never to deal with collection agencies. You are hereby instructed to cease collection efforts immediately or face legal sanctions under applicable Federal & State law (FDCPA Sec. 805© & 809(B), FTC opinion letter Cass from LeFevre) unless this debt can positively be VERIFIED & proven to be owned by your agency & not the alleged original creditor.

Best Regards,

QMAX

Que-This dealt with a debt in which Paypal inc hired NCO to try and collect a debt against me. Since Sherman Acquisitions isn't the Creditor they must satisify the above as required by law. If they can't then they can't even bring the Judgement against you. As for Providian contact them via letter and tell them, unless they clarify who actually owns the debt you will contact the BBB, the FTC and other agencies as well as consider bring suit against them for reporting errorneous information according to the FDCPA and FCRA.

If the debt belongs to Providian then they should never sold it to Sherman. If Sherman owns the debt then they need to put their name on it and not report it under Providian. Also things to remember IF A JUDGEMENT WAS RENDER AGAINST YOU. Did they serve you with a Sheriff? If they didn't get a motion to vacate this judgment because they need that proof that it was given to you. The law keeps records of summons was given before rendering judgments. If they claim that they sent it to you make them prove it. If they can't prove it get a signed affadivit from everyone over the age of 13 in your house and get it notarized at your bank saying that YOU NEVER RECIEVED ANY SUMMONS TO HAVE THIS JUDGMENT RENDERED AGAINST YOU.

Hope this helps.

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Unless required by state law, service by a sheriff may NOT be the only valid form of service. In most states, there are LEGAL alternatives to personal service and if the law was followed then you can't attack the judgment by attacking the service.

The best way to find out how, when, where, and to whom a summons was served is to get a copy of the judgment case file and view the proof of service that should be there. Only then will you know whether or not the service can be attacked.

Judgments, like any other debt, are bought and sold all the time. However, I do believe the purchaser MUST then file documents with the court to show the new owner.

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Unless required by state law, service by a sheriff may NOT be the only valid form of service. In most states, there are LEGAL alternatives to personal service and if the law was followed then you can't attack the judgment by attacking the service.

The best way to find out how, when, where, and to whom a summons was served is to get a copy of the judgment case file and view the proof of service that should be there. Only then will you know whether or not the service can be attacked.

Judgments, like any other debt, are bought and sold all the time. However, I do believe the purchaser MUST then file documents with the court to show the new owner.

Que-That is a good point. It does make sense though to find out how they went about servicing the person though to see if they actually followed the law. Totally agree with what you said.

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