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Iam back with some intersting questions?


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Ok its been a while since I posted. I know I should visit more often. Well at least my Sticky has had a few viewers ;)

I have been helping a friend over the last year clean up his credit. Its pretty much done except for one minor issue.

Years ago (9 to be exact) when he lived out of state he had a lease on a vehicle from one of the big three. At the end of a two year lease he went to turn it in and they convinced him to extend it for another year. At the end of the third year he turned it in. Months later he got served that he owed money on the vehicle. Being young dumb and stupid he did not follow through and was proud recipient of a judgement by default, and a repo on his credit.

Move forward to the present. He has moved out of the state where the judgement was given, back to California. That was about 4.5 years ago. He has been getting collection letters from varies agencies over the last couple of years on the debt. Basically following through with the go pound sand letters.

However the most recent one has got me stumped and frankly I could use some input from all of you.

The latest one is a deposition subpoena that he received in the mail a week back. What makes the thing look fishy is the fact that its written on California Judicial form, has the lawyers name in the right place has the local court jurisdiction in the right place, but no court stamp. The case number they entered in the appropriate box is actually the court case number from the other state.

We went online and searched the local court and no case number or action show up for this individual.

First thing that came to mind is this reeks violations, by scare and intimidation tactics. Using an official California Court Form. Sending it along with a Proof of Service by mail form. Not having a real California Court Case number, etc....

If I am not mistaken wouldn’t the collection agency/lawyer have to move the Judgement from the other states court system into the local California court for jurisdiction, first?

I would like everyone to chime in with ideas, thoughts and suggestions.

Oh, and what makes the Subpoena so funny is they want to see credit card statements, that are actually his wives credit card, where he is an authorized signed but does not use the card.

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Some follow up: Turns out to the best of our ability this Subpoena is actually to a credit card company and a credit card processing company. The documents sent to my friend are some type of notice to him so that he can "say no"

Sure would like to get some input on this from all of you.

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