Money Judgement Issued

[frustratedguyhere01]

Hi, I just received a money judgement letter (well actually it was dated last month and was forwarded it to me due to a move), for not paying rent to a landlord that was in 2006. I had an issue with the landlord who didn't provide me with a repairs as requested and the amount in dispute was well above what should be paid. I originally got a summons in 2007, but I disregarded it because I felt that I had no worries because they did not have my SSN number. All they had was a check from an account that I no longer use and the address on it. Forward to 2010 and I received another notice from the same landlord who has used a debt collection agent that are specialized in obtaining judgement.

I also would like to mention that in the original summons, the landlord had faked the server information (invalid phone number and the signature looked like the landlords) and the amount in question is greatly inflated.

Unfortunately in my youth, I was naive and did not save any of the documents.

I do recollect that I had a contract (don't know if the landlord still has it) which states the amount to be paid on a monthly basis.

My question is.. what course of action should I take? I feel like the landlord is going to hassle me, but at the same time, I feel that they can't get anything from me as the only bit of information they have is my old address, a name, and a bank check where I closed the account.

Thank you

[1stStep]

Treat it as any other debt... DV the collector and wait for them to violate.

[frustratedguyhere01]

i'm sorry, but I would do a DV even when they have a judgement on me?

also can they even collect?. I mean.. i originally got this default judgement on me back in 2007, but I don't see it on my credit report (probably because they don't have my SSN).

now in 2010... they got a money judgement on me on an old bank account, but no link to any others.

[WhoCares1000]

They can collect. I am sure that sooner or later, someone will do a skip trace on you so you will need to deal with it. The fact that you let it get this far means that you are probably going to pay something. The question is how much. I looks like they know where you live now if you got a letter from them. What else do they know about you that they have not been public about?

As for DVing the collector, the judgment is to the landlord. You do not know who this collector is and as such, they have to prove that they have the right to collect on this debt, just like any other collector.

[frustratedguyhere01]

The only other thing they know is my old bank account that has been closed. Can a skip trace really find a SSN? That is pretty scary thought to have your private information out there for the taking.

The original judgement is from the landlord back in 07. The new money judgement is under the collection company "in propria persona." They are classified as the assignee for this case.

The notice of Levy is under Writ of Execution now.

If I do DV the collector, they can simply give me the old judgement in 07. Can I go for vacating a judgement considering that this is a newly issued Levy. Or is that impossible because the SOL applies to the original 07 judgement? Thanks

[Massive]

The only other thing they know is my old bank account that has been closed. Can a skip trace really find a SSN? That is pretty scary thought to have your private information out there for the taking.

The original judgement is from the landlord back in 07. The new money judgement is under the collection company "in propria persona." They are classified as the assignee for this case.

The notice of Levy is under Writ of Execution now.

If I do DV the collector, they can simply give me the old judgement in 07. Can I go for vacating a judgement considering that this is a newly issued Levy. Or is that impossible because the SOL applies to the original 07 judgement? Thanks

I sent request for validation three times on alleged judgments against me and have not heard back since over the last couple years. Also although there are allegedly 4 judgments out there against me, none ever appeared on my credit report. These judgments are all from 2004 and all void due to real party of interest issues.

[frustratedguyhere01]

Massive, these judgements your referring to, did you recieve a notice of Levy by the court or some kind of court document notice? Were they by the OC or CA that are assigned to OC?

I really believe that these CA can't do anything. It's insane how easy to get a judgement on a person just by knowing the name and address of an individual. I can start going through the white pages and submit judgements on individuals. It's really a shame that courts don't require more personal information to file small claims

[frustratedguyhere01]

I just talked to a coworker and they suggested that I should do a counter small claims suit? Would that be something I look into.

[Guest usctrojanalum]

You guys realize when you send a DV post judgment, according to the FDCPA all they have to send you is a copy of the judgment right?

Yes, they can find your SSN via skip tracing there are programs and databases such as accurint that will have all of your info.

I have my own subsription to accurint and if I just had a name and last known address I can get SSN information, property information records, car records, driving license records and more.

[Massive]

Massive, these judgements your referring to, did you recieve a notice of Levy by the court or some kind of court document notice? Were they by the OC or CA that are assigned to OC?

I really believe that these CA can't do anything. It's insane how easy to get a judgement on a person just by knowing the name and address of an individual. I can start going through the white pages and submit judgements on individuals. It's really a shame that courts don't require more personal information to file small claims

They were in the name of the original creditor, who subsequently had no knowledge of nor did they authorize the acts perpetrated upon me. Court houses across this nation are full of void judgments masquerading as valid judgments. Ripe for attack at the most opportune time. Laches will never make a void judgment a valid judgment.

[WhoCares1000]

First off, yes, I realize that all the collector needs to send is a copy of the judgment. However, the OP then can file a case against the levy stating that he does not know who these people are and whether they have a right to levy the bank account under the judgment.

I do agree however that it is real easy to get a persons SSN and other records these days. In fact, it is very ironic that the only person who cannot get your personal information is...... you.

Finally, I believe that this is a valid judgment because the OP did not answer the summons win the time prescribed by law. He had is chance in court and did not take it up (if he could prove that the landlord was acting in bad faith, then under housing laws he might have won). Since the landlord won, he has the right to collect on the judgment.

The question is, how much will the OP pay for his stupidity. Sooner or later the collector will find them and their assets and earnings so it would be better for the OP to deal with this now when he has some leverage rather than later once the collector finds his job and bank accounts.

As for the comment on how easy it is to get a judgment, yes it is too easy but that is because too many people, like the OP, either ignore the summons thinking that the plaintiff will never find them or the roll over and let the system rape them. If you take every summons seriously and answer it properly with bona fide defenses, most of the time, that will settle things right there.

[frustratedguyhere01]

thank you all for your inputs. WhoCares.. I deserve the criticism that you have placed upon me. After all, I am the person that didn't man up when the case originally was filed. I want to take care of the issue right now and would like to do it in a way where it is fair for both parties. There are faults on both sides and I stupidly as you put it ignored my obligations.

That said. I will look into doing a DV as well possible countersue/or file my own new small claims. My question is what would be best, countersue or file a new small claims suit. In addition if I were to go through coutersue or small claims, would I be able to bring defense against issues on 2007 or would it just pertain to 2010? Thanks