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Capital One Redated Account On Credit Report?


wm820
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Maybe I didn't title this post correctly but here is the story. My wife and I had a Judgment against us starting back in 2008. Recently we received a letter from their lawyers Forster and Garbus stating how we we were illegally served and that there was a settlement in New York by the Attorney General. They had to legally Vacate The Judgment because of the their crooked process servers (like it doesn't still happen), which they did.

Now they have filed the lawsuit all over again and served us by mail only, not even certified, and all the court papers show the backdate of 2008. I know they have the right to start the lawsuit again but my question is this, we recently looked at our credit reports and noticed that the "DATE REPORTED" for this account is now 3/1/2012. Can they just change dates to make it look like a brand new collection account?? Is all this stuff that they're doing legal? Any help would be much appreciated.

Bill

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Maybe I didn't title this post correctly but here is the story. My wife and I had a Judgment against us starting back in 2008. Recently we received a letter from their lawyers Forster and Garbus stating how we we were illegally served and that there was a settlement in New York by the Attorney General. They had to legally Vacate The Judgment because of the their crooked process servers (like it doesn't still happen), which they did.

Now they have filed the lawsuit all over again and served us by mail only, not even certified, and all the court papers show the backdate of 2008. I know they have the right to start the lawsuit again but my question is this, we recently looked at our credit reports and noticed that the "DATE REPORTED" for this account is now 3/1/2012. Can they just change dates to make it look like a brand new collection account?? Is all this stuff that they're doing legal? Any help would be much appreciated.

Bill

Did you originally fight the lawsuit? Or was there judgment against you because you failed to show up, etc. I'm assuming that this lawsuit was / is with a JDB.

Use this forum on how to fight it this time. Crappy service aside, if it's with a JDB, you should be able to make a case for defense.

And BV80 is correct, it's just the new date that they have reported, whch is different than your SOL, which is based on the date of last default on the debt, typically with the OC.

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