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Transfer of a judgement???


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I was sued by Cap One last year.  They wouldn't settle.  I think the attorney actually owns it now but it still shows on credit report as Cap One.  He entered a praecipe for entry of judgment in my county last year.  Now he is filing the same in a different county asking for Court of Common Pleas to Enter the judment in favor of the original holder, or (unless expressly forbidden in the instrument) in favor of the assignee or other transferre. 

 

When they were asked by the DJ if they were the creditor or junk debt collector, they emphatically said no.   Now it appears they want the money personally. 

 

I could be wrong on that.  Finding was against me individually, so if I am correct, they can lien my house but not touch it in PA (jointly owned), they are not allowed to garnish wages if I am correct and my one bank account with my wife never has more than $100 at any time and never will.

 

Why is it being transferred to another county and what can I do to defend it?

 

Poppabear

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Do you live in the county they are trying to transfer it to? If that is the case that is why he is trying to transfer it.....If a judgment was entered against you in one county but you livve in another the court of the county in which you do not kive cannot enter a lien against your property. It has to be done through the county where you reside.

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To make it hard on you.

 

All you have to do is file your objection to the motion and use your state rules of trial procedure and explain that it hard on you to have to drive eighty miles.

 

Most state rtp's say that case have to be filed either where the occurrence took place or in the county where the defendant resides.

 

The attorney may also be better known to the courts in that county and figures that because he knows the courts there he will be in a better position with the enforcement of the judgment.

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 Now he is filing the same in a different county asking for Court of Common Pleas to Enter the judment in favor of the original holder, or (unless expressly forbidden in the instrument) in favor of the assignee or other transferre. 

 

When they were asked by the DJ if they were the creditor or junk debt collector, they emphatically said no.   Now it appears they want the money personally. 

 

I could be wrong on that.  Finding was against me individually, so if I am correct, they can lien my house but not touch it in PA (jointly owned), they are not allowed to garnish wages if I am correct and my one bank account with my wife never has more than $100 at any time and never will.

 

Why is it being transferred to another county and what can I do to defend it?

 

Poppabear

 

 

§ 811.  Legal actions by debt collectors   [15 USC 1692i]
 
(a) Any debt collector who brings any legal action on a debt against any consumer shall --
 
(1) in the case of an action to enforce an interest in real property securing the consumer's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or
 
(2) in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity --
 
a - in which such consumer signed the contract sued upon; or
 
b -  in which such consumer resides at the commencement of the action.
 
 
 
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§ 811.  Legal actions by debt collectors   [15 USC 1692i]
 
(a) Any debt collector who brings any legal action on a debt against any consumer shall --
 
(1) in the case of an action to enforce an interest in real property securing the consumer's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or
 
(2) in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity --
 
a - in which such consumer signed the contract sued upon; or
 
b -  in which such consumer resides at the commencement of the action.
 
 
Well none of that applies.  I have never lived there, never signed a contract there and my current county was where I was sued.  I wonder what they are thinking?

 

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