Real Brain Teaser of a Collections Problem

[Desert Bloom]

Okay -- so I am working hard to clean up my credit and have been very successful so far. In 1998 I lived in Massachusetts and I filed C13 BK in 5/1998 to stop foreclosure on my home, it didn't work, I lost house anyhow. I didn't have the money to continue the BK so I let it be dismissed in 6/1998. In 6/2001 I moved from Massachusetts to Califorrnia.

Following the advice on this site I now have the BK gone from all CRA's and have cleaned many JDB's that had hit my CR.

Only real problem has been EX, who continues to report a judgment that is dated 10/2002 from a court in Massachusetts. Problem is I moved from MA in 6/2001 so I was never served. A CA got the judgment against me, I have no idea who the original creditor is. TU and EQ are no longer reporting it after I disputed with them -- EX refuses to remove.

I contacted the court and got a copy of their record. They sent a one page judgment order showing my name, but no address or other identifying info. So I sent it to EX and said this is not me, and disputed it again and asked for method of verification. It came back verified and they told me to contact the court. Catch 22

Meanwhile I get a CA letter that does not identify an original creditor from 'Asset Acceptance' in 5/2007. So I DV them -- no response. Then today, I get mail forwarded from my last address in California -- no cover letter, a copy of an 'Assignment & Bill of Sale' from the original CA who got the judgment against me, sold to a company called 'Charge-Off Partners #4, LP' w/ address in Texas, dated 5/15/2003; and a copy of the 'Statement and Notice of Trial' for the judgment dated 3/15/2002. The reason I know it is in response to my DV is that the return address on the envelope matches Asset Acceptance -- however there is no name above the return address on the envelope and it was not mailed to me at the address I had on my DV letter.

Okay -- so now how do I handle this???

I could write to the original CA and say that they got the judgment against me and ask for any records they have. Since they sold it in 5/2003 it is unlikely they have maintained any filles. If they have none, what do I do?

Could I then write back to EX and say no one can prove it is me and get it removed????

Could I try to get the judgment vacated since I was never served and didn't even live in the state at the time, and the 'Plaintiff' CA has no records to back up the judgemnt?

I think this is a brain teaser for you experts out there!

Please give it a shot -- what wouldd you do???

[razr]

I contacted the court and got a copy of their record. They sent a one page judgment order showing my name, but no address or other identifying info. So I sent it to EX and said this is not me, and disputed it again and asked for method of verification. It came back verified and they told me to contact the court.

It's just a name? No other identifying info?! Is it an actual copy of the judgment?

-r

[justincase]

You might want to check MA state laws I think there is a time limit on filing motion to have vacated and dismissed I know here in Maryland it is 2 years from date of judgement. You may be stuck for another 2 years with it reporting on EX. Just my opinion someone else will chime in with more insight.

[nascar]

Rule 60, Mass. Rules of Civil Procedure gives you one year in which to file motion to vacate.

You might want to start scrutinizing the assignments. What does Mass. law say about assignment of judgment debts?

[IHateCAs]

The 1 year court rule does NOT apply in this case. The court had no jurisdiction and it can be overturned at any time.

There are a lot of variables here, but I believe the proper outcome of you contesting it would be a vacate and change of venue to California. And since you lived in California at the time they filed (10/2002), the SOLC of 4 years had expired (assuming the clock started at the date of your BK dismissal).

[IHateCAs]

So your first step is to find an attorney who can handle all this for you.

[nascar]

The 1 year court rule does NOT apply in this case. The court had no jurisdiction and it can be overturned at any time.

Moved in 2001. Good catch.

[Desert Bloom]

I contacted the court in Massachusetts, and the clerk I spoke to faxed 'all they had on record' per the clerk. It was a one page judgment issued in small claims court on 10/10/2002. It gave name of Plaintiff and name of Defendant -- but no addresses or other information for either.

I hesitated to contact the CA that had gotten the judgment because I feared I would awake a sleeping giant.

But then when I got the response to my DV and saw that the judgment had been sold, now it seems like it might be a good idea to start there to get info.

The paperwork I received from the DV says it was sold to 'Charge-Off Partners #4, LP' but when I look at the Asset Acceptance letter I see they show the creditor as 'Saks & Company' -- so who owns it now???

Should I DV Asset Acceptance again???

[Desert Bloom]

I like the idea of getting it vacated since I had moved -- I have to look into Massachusetts state law to see how I can go about that.

The debt is wwwaaayyy!!! beyond SOL. DOFD is probably 1997. And who would even have any records to prove the debt existed???

Thanks guys!!!

[IHateCAs]

You making any progress here?