Did I violate a court rule?

[Mannerheim]

Hello,

I would greatly appreciate some legal input that I think might also be of use to others.

During a period of unemployment in 2002, I fell behind in my payments, and a Fortune 500 retailer got a judgment against me for the balance due on my credit card (+fees/costs). The total was about $1,800. During the legal proceedings (or shortly thereafter), my debt was sold by the retailer to a huge collection company. The judgment was in the name of the retailer however. There was a local law firm that handled this matter on behalf of the retailer.

I made regular payments to the law firm, and not until I checked my credit report last year, did I learn of the collection agency's role in all this (AND the fact that the debt was now on my credit report twice).

When I learned on this site that I could get a judgment vacated, I called the court, and the clerk told me that I would have to file a motion to set aside and dismiss the case. I first called the local law firm, and they told me that while they would like to help me, any action involving vacating my judgment would have to come from their client.

So, hitting a brick wall, I called the huge collection company. After about six calls, I finally got someone to understand my plea, and the customer service representative said that his company would agree to vacate the judgment. The same day, the huge collection company faxed me a letter indicating that they would initiate the vacating of the judgement during their next reporting period.

I then visited the local law firm, and showed them that the collection firm was willing to initiate the matter, and vacate the judgment. The law firm subsequently told me that they would have to confer with their contact at the collection company, and get back to me.

Instead of waiting around, I decided to be proactive, and I called the original creditor. After several calls and runarounds, I reached someone in their legal department. I explained to them that their company had a judgment against me from three years ago, and that the collection agency that bought the debt was willing to vacate the judgment. At that time, I asked for a stipulation from the retailer, acknowleding that they would not be opposed to a motion to vacate. (They are, after all, the Plaintiff on the judgment).

Once the OC signed the stip, I prepared a motion to vacate and set aside, and filed it with the stip at the court.

There is no mention of the collection agency on the original judgment, so the stip from the OC seemed to be just the ticket to get the job done.

So, I picked up signed orders today, granting my motion.

As luck would have it, when I got home, I opened my mail, and I had a very nasty letter from the local law firm indicating that they would oppose any motion to vacate the judgment, and assess me court costs if they had to fight such a motion. Apparently, they had spoken with THEIR contact at the collection firm, and were advised that judgments were only vacated when fraud is involved. (Even though I had a letter from the very same collection firm indicating that they were going to initiate the dismissal of my judgement).

Should I have sent some sort of notice of hearing (even though there wasn't a hearing), or in some other way notified the local law firm of the motion/order that I was filing?

I had a signed stip from the OC, as well as a letter from the collection firm indicating their support (or non-opposition) to my motion.

I went straight from the court to the post office to overnight my Court Order to the bureaus.

Did I screw up somewhere here?

Thanks for the help!

[DocPC]

No, they did.

[DocDon]

Let me guess..... Buckles & Buckles.

Judgments are vacated for any number of reasons. For a law firm to be told by their client that this cannot be done? C'mon....

You screwed up by not stroking the lawyers' egos. That's about it.

[Mannerheim]

Thanks for the reply.

I would appreciate knowing more about WHO did.

As a side note, I got the OC to stipulate to remove any postings of deliquency from third party agencies (i.e. CRAs, collection agencies, etc.).

So, I'm hoping to have the judgment removed, the collection item removed, as well as the negative listings from the OC.

Thanks

[DocDon]

Well.... let's see. The OC hires a CA to collect.... Did the CA or the OC hire that law firm?

If it was the CA who hired the law firm, did the OC authorize the CA to file suit?

If it was the OC, why would the law firm contact the CA as "their client"??? Their client would be the OC, the same people who agreed to remove the judgment.

The law firm works for their client, not the other way around. "They" would fight it? Who gives 2 craps what "they" think about it. It's not up to "them". Methinks something more sinister is afoot.

[DocPC]

If the OC did not sell the debt, what the damned Lawyers or CA thinks don't mean ****!

[Mannerheim]

Hey Doc,

BINGO!!

B&B are extremely obnoxious!

When I was making payments via my scheduled payment plan, they would constantly try to take the whole balance out of my checking account via Comerica corporate.

They are REALLY strange to deal with.

I'm just wondering if they can file some sort of Motion to vacate my motion to set aside and dismiss...

Thanks

[Mannerheim]

I believe that the OC did sell the debt to the CA, but after the judgment. I assume that when it was sold, so were the rights to the judgment.

[DocDon]

Buckles & Buckles are in their own little world. You'd understand why he's the way he his if you saw of pic of his scarecrow wife.

Here then, I guess, would be the question:

If the OC obtained the judgement and sold the account, is the judgment included? Likewise if they sold the judgment, did they also sell the right to the account? Are the two divisible?

[Mannerheim]

Hey,

I have seen their pictures - they are up in the lobby (in an article praising their collection prowess).

I would assume that when SEARS sold the debt, it was with the judgment as well.

Thanks