allenjerian Posted May 22, 2007 Report Share Posted May 22, 2007 I have a judgement on my cr that I have been fighting for over two years. I started receiving calls from an attorney two years ago trying to collect on one of those in house cc that you can only use at the place that extends you a line of credit. I had never heard of this company and further more, never had a cc except for with Sams Club and Sears, so I asked this attorney to send me the contract that I signed (this was before I ever found this website) He told me that I needed to request proof in writing and gave me a fax # to fax my request to, which I did. Being Niave, I didn't think anything else of it, but never did receive the validation. Somewhere along the way I have had a judgement entered in agaisnt me. I do not remember ever receiving the papers for a court hearing. Since 2005 I have had nurmerous phone calls from this attorneys office trying to collect on this. I sent another letter requesting validation in February of 2006 by mail and have a copy of it, but did not certify it ( again I was niave in the process). About the same time I was served with another court hearing for the attorney to try and take my personal assests, I came across this web site and so I sent in a letter to vacate Judgment and also another letter to this attorney's office to validate this debt via returned receipt. I had to go to court about two weeks after I sent these and just met with the attorney with out a judge. He wanted me to sign something saying that I would start making payments each month. I refused to sign it and told him that I wanted to see the contract that I signed for this cc. He said that he had bought it from another attorney (the first one that was calling all the time and that I had asked to validate this) and would need to obtain the orig contract and would look into this. When I got home, I was looking over the papers that I had been served and found that this attorney's name was on the papers along with the orig attorney's, they work for the same law firm. Today,I just received a "Plaintiff's Memorandum in Opposition to Defendant's Motion and Declaration to Vacat Judgement". It states, among other things that they recieved a complaint on February 22, 2006 and on May 1, 2007. The last fact reads "Plaintiff has no record of Defendant making any written requests except as are contained in the Feburary 22, 2006 letter or the May 1, 2007 letter." They state that "The Defenant has falsely represented to the court that Plaintiff's attorneys participated in some sort of misconduct when she alleged that Plaintiff's attorneys violated the FDCPA by not sending Defendant the information she requested pursuant to the FDCPA."The FDCPA required Defendant to make such requests in writing with in thirty days from the date she first received a letter from the Plaintiff's attorneys". I have yet to see the signed contract!!!What is the next thing I need to file? Thank you so much for any help, I am so sorry this is so long but it really makes me mad that they can't even prove that I signed anything. Link to comment Share on other sites More sharing options...
momof5 Posted May 22, 2007 Report Share Posted May 22, 2007 Were you SERVED in the orig case? If you weren't served, you didn't have a chance to be represented in court and you get it vacated that way.They can then refile. During the new case, you demand discovery and proof of the debt...which obviously they must provide (and looks like they don't have) and it has NOTHING to do with the 30 day requirement.The CAs and JDB are trying to manipulate the system by claiming that they need only validate in the first 30 days. The intent of the FDCPA rule that they quote is to state that if your request validation in the first 30 days, they must stop all collection activity. The jist is that if you are past the 30 day window, they can continue to collect. All it takes is one atty to read into this rule with a different perspective and the rest of the slime buckets get on that train!Ultimately, the FTC and the fed gov't are going to need to amend the FDCPA and FACTA to state that they still must provide validation outside the 30 day window.One defense to that 30 day crap is to state that YOU never received a written notice from them...they cannot prove you did. Later if they try to say...."we mailed it and it wasn't returned...proof you got it...." then you have that back at them. Faxed it and didn't get a reject from fax machine...proof you got it! You didn't send DV, so you are in violation.Violations of the FDCPA do NOT overturn a judgment, but failure to properly serve defendant does. Link to comment Share on other sites More sharing options...
allenjerian Posted May 22, 2007 Author Report Share Posted May 22, 2007 Thank you so much for your reply, it really helped, I don't ever remember being served for the orig hearing for judgement. But you are right, for the initial letters they said they sent to me, they can't prove I ever received them. In fact, they never did send any letters, they started with phone calls and I have not ever received anything until on May 1st of this year when I was served for the hearing for them to take any personal assists to pay for the debt. So what would be the next step... I filed the vacate judgment with the court and they sent a Plaintiff's Memorandum in Opposition to Defendant's Motion and Declaration to Vacat Judgement". Thanks for all the help. Link to comment Share on other sites More sharing options...
momof5 Posted May 23, 2007 Report Share Posted May 23, 2007 I would file an "amended motion to vacate" and include the fact that you were not served. (Got to the court and get a copy of the 'proof of service" to see what the claim!) Link to comment Share on other sites More sharing options...
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