Help trying to Vacate a judgment from a JDB

[iwant2getthem]

I am new to the site (5 days now). I had pulled my credit report and found out I had a default judgement against me filed 2004-03-16. I am pretty sure the compnay was a JDB. I am moving to have the judgement vacated for improper service ( I was never served). The company who sued, Platinum Financial Services, me was a DBA whose license expired in 2002. The parent company was licensed as a mortgage broker not a collection agency. In MI (please see below) 2) a collection agency must be licensed, bonded, and even have a written test. I have pulled the articles of the company (the dba has none but the parent does- see below 3). My question is, if they bought the debt (JDB) are they still compelled to follow the laws of CA and be licensed? I believe people on the boards have said internal collection agencies are not considered CA. However, I found a statute (4 below) that says if they are trying to ppretend to be another company then they have to follow the rules. I need help on what to do. SHould I mention this in my motion to vacate, is it relavent even? If my motion to vacate is granted, the JDB cannot sue me again because the original debt will have been past the SOL. Any help is appreciated this goes in Monday of next week. Txs everyone.....this site rules

"long live David beating Goliath!"

Entity Name ID Number Type

PLATINUM FINANCIAL SERVICES

10038A Assumed Name

Searched for: PLATINUM FINANCIAL SERVICES

ID Num: 10038A

Assumed Names

Entity Name: OROW AND OROW INC.

Type of Entity: Domestic Profit Corporation

Resident Agent: EDDIE OROW JR

Registered Office Address: 27435 SOUTHFIELD RD LATHRUP VILLAGE MI 48076

Mailing Address: 25354 EVERGREEN RD SOUTHFIELD MI 48075

Formed Under Act Number(s): 284-1972

Incorporation/Qualification Date: 4-20-1999

Jurisdiction of Origin: MICHIGAN

Number of Shares: 100

Year of Most Recent Annual Report: 04

Year of Most Recent Annual Report With Officers & Directors: 04

Status: ACTIVE Date: Present

Images Available

2. Collection Agency Licensing Requirements:

Licensing of collection agencies is governed under Article 9 of the Occupational Code Sections 339.901, et seq. (MSA 18.425, et seq.) The State of Michigan requires that any person who wishes to engage in collection business in the state must be licensed for each place of business. Qualified applicant for a collection agency manager's license or collection agency license must pass a written examination developed by the Department of of Consumer and Industry Services, and file a bond in an amount not less than $5,000 nor more than $50,000.

Collection agency license applications, and additional information available from

MICHIGAN DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES

Collection Practices Board

P. O. Box 30018

Lansing, MI 48909

Tel: 517-373-1654

3. http://www.dleg.state.mi.us/bcs_corp/results.asp?ID=10038A&page_name=corp

4. Creditors lose their exemption if they use a false name that indicates a separate debt collector is involved, or those that do not clearly indicate that the creditor is, in fact, collecting the debt. See Grammatico v. Sterling, Inc. Clearing House No. 47,976 (NDNY 1991) (A corporation which purchased jewelry company and its accounts was held to be a debt collector within 15 U.S.C. Section 1692a(6) with regard to its letters to the consumer because of failure to disclose its relationship with the jewelry company, thereby leading the consumer to believe a third party was collecting the debt.)

[Recovering Attorney]

You have to back up a little.

What was this judgment for, do you know? Did the judgment creditor sue you in small claims or have a lawyer do it?

More importantly, you need to look at the Michigan civil practice statutes. Vacating a judgment is sometimes limited by time ( in NYS you have one year to atack a default) and required you to sho BOTH a reasonable excuse fo rthe default ( improper service beingone) and a meritorious defense to the action ( like SOL, statute of frauds, no legal capacity, etc). So forget about the name game for now. See what your rights are vis a vis the judgment. Call your local bar assn's referral service. You can talk to a lawyer free and wh should be able to tell you what the standard is for vacating the judgment

[iwant2getthem]

First, thank you for your help......the judgement was rendered in small cliams court in my district court....the bought an old credit card debt....at the time of the judgement (03-16-2004) it would have been right around the sol anywasy to sue...if the judgement is vacated and they have to refile, I have absolute defense of SOL....I belive they bought the file from Providian..the total amount was $3600 (was only $3000 with OC)....isnt it affirmative defense to claim they arent properly licensed to collect and could not sue me for the debt? txs again for your help...

[iwant2getthem]

I just called the licensing bureau in MI for collectiona ganecies..they told me if a company is cololecting on its own debt it does not have to be licensed..howver, according to what I have found it seems if they are acting as a separate entity then they are a CA....can someone help because this is part of my affirmative defense..txs

[Recovering Attorney]

if they bought the debt, they are collecting it on their own account and do not need to be licensed as a CA to do so. You could raise it in your motion papers: i.e., you cannot tell if they are suing by themselves or on behalf of someone else, and if it is the latter they would lack legal capacity.

Again, focus on what you need to show the court to vacate the judgment. Have you seen a copy of the affidavit of service and affidavit of regularity? They will be in the court file and you are entitled to see it.

Remember, if the court does vacate the judgment, that means the case is till " live." They do not have to reserve it, you must answer it. Vacation merely puts the parties in the place they were at teh time of the judgment. Which is why you need plausible defenses. Another might be how they went from 3000 to 3600.

[iwant2getthem]

ok...here is how it gets a little tricky...this company has an assumed name...company "a" actually buys the debt not the assumed..the assumed then tries to collect on the debt saying it is owed to them...in my case, the assume company at the time was not legally regiserted (it had expired) and were not legally entitled to be operating in the state of MI....ther reason why they operated under an assumed name is to skirt the licensing requirements and the bond purchase in MI...as for the vacate of judgement....would not then they have to re-file against me? if so then the SOL has expired as of now and I have absolute defense..txs for your help...

[Recovering Attorney]

I think you are overthinking the licensing question. Or ahead of yourself on it.

No, they do not refile, and the case is not dismissed becasue the SOL has since run. If it was an availabel defense to you back in 2004, adn that is possible, you can use it in an answer.

[iwant2getthem]

txs for taking all the time to help me..I appreciate it..the reason why I am stuck on the licensing issue is becuaseit was right at the SOL when they filed but has run out now....my thinking is that they were not licensed and tried to circumvent the laws in MI. If the assumed co was not registered or licensed they could not legally be doing business in the State of MI ( I confirmed that with the state corporations bureau). They would have to refile under the correct co again now then I could claim absolute defense....I am looking for a technicallity to make the sol run and them have no recource...txs again for your help

[iwant2getthem]

wow am I dumb..I guess my newness here is obvious...please hold off on any response..I pulled the court record today and found out I was wrong on who it was..it was an assignee of New Century so I will update thena sk for the correct info..sorry for wasting your guys time...