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Old debt, new collection co won't provide info, saying suing whether they can serve or not


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Contacted by a family member I have never lived with Sasturday 3/2 who said they were attempting to serve court papers on my spouse. I called the company in question. They did not verify who I was other than to give me his info and have me verify it. He released OC, amounts, dates (not out of statute) and said they had mailed notices to an address we haven't lived at in more than a year. (I know our credit reports hav reflected proper address since last April 2012.) He says can settle until papers are served and then settlement offer is no good and put a hold on it through Monday March 4. He was supposed to send a stipulations letter via e-mail for me to research info and verify whether the debt is ours but did not do it so I was thinking it was a scam (we have had at least one debt wrongly placed on his credit report so someone gained access to his info recently). I also gave him current address when I spoke to him.

Searching the company here and via google comes up with limited returns. No web page, only one entry on bizpedia gives any information and lists it as a 2 month old company in CA.

Today my family member called again, the are trying to serve her again. Said that if she would not accept it that court proceedings would continue for a default judgement. Would that not be improper service and was it not already a violation of privacy?

Obviously if I can pay the settlement amount and keep from going to court that is what I want to do *if it is a valid debt, through a valid company* he is pressuring to just pay, saying that settlement is opnly an option up until service indicationg that there is no time for the typical options and that we will be sued, without even having been properly served (my relative has told them a few times now that she is not authorized to accept summons.)

Where do I go from here? Can I still even do this on my own? (We now live several states away.) What kind of attorney would I even search for if defense becomes necessary?

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1. Who is the named plaintiff in the suit?

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

3. How much are you being sued for?

4. Who is the original creditor? (if not the Plaintiff)

5. How do you know you are being sued? (You were served, right?)

6. How were you served? (Mail, In person, Notice on door)

7. Was the service legal as required by your state?

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

9. What state and county do you live in?

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

11. What is the SOL on the debt?

12. What is the status of your case? Suit served? Motions filed? You can find this by calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?


16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

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Actually, by giving the information to a third party, (your relative) they have violated provisions of the FDCPA (see the link above) and you now have grounds to sue them.

Since this is such a new CA, I would bet they are not aware of the laws they have broken.

Do some research on the site here, and send them an "go away, or I'll be forced to pursue my legal options" letter (CMRRR).

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"Actually, by giving the information to a third party, (your relative) they have violated provisions of the FDCPA (see the link above) and you now have grounds to sue them."

It was me they released info to, including having me verify they had the last 4 numbers of his SS#. They didn't verify who I am though and apparently do not have me listed as a defendant or on the account.


1. Who is the named plaintiff in the suit? My husband

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) no complaint received yet insistant on serving my my relative although we have never lived there.

3. How much are you being sued for? $4500 +

4. Who is the original creditor? (if not the Plaintiff) Orchard Bank was said to be OC

5. How do you know you are being sued? (You were served, right?) Relative called and told us they were trying to serve her. She is refusing, should she accept?

6. How were you served? (Mail, In person, Notice on door) not served yet

7. Was the service legal as required by your state? Is TN that they are tring to serve papers in, we have not lived in that state for about 1.5 years

8. What was your correspondence (if any) with the people suing you before you think you were being sued? I called them Saturday and they released info to me without getting permission from my husband or verifying who I am.

9. What state and county do you live in? Dallas Co, TX

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) they said it was last paid Oct 31, 2009

11. What is the SOL on the debt? 6 yrs in TN, 4 yrs in TX
 

12. What is the status of your case? Suit served? Motions filed? You can find this by calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Courts in relative's co and our last county of residence have no record of summons but said may not if it is a private service company.

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. - no, this is first contact from them.

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?  - no paperwork served just rumours that it is and will get default even if they don't serve it

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Again, haven't served us here, are insistant on attempting to serve my relative.

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Yes, they've violated the FDCPA by giving information about the debt to another party. 

 

 

Today my family member called again, the are trying to serve her again. Said that if she would not accept it that court proceedings would continue for a default judgement. Would that not be improper service and was it not already a violation of privacy?

 

How did they try to serve her?  In person?  Or did they merely call her again?

 

You need to read your court's rules of civil procedure regarding the commencement of an action.  In other words, does a lawsuit begin when the defendant is served OR when the complaint is filed with the court. 

 

If a complaint must be filed with the court in order for the lawsuit to begin, see if a complaint has been filed against your spouse.  If the complaint hasn't been filed, there cannot be a default judgment.

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You should now be under the TX SOL of 4 years if you have been there more than a year and your intentions are to stay there. Send them a letter CMRRR and tell them where you live and that they are past the SOL to go pound sand. They are trying to get sewer service on you in TN at an address you do not live at.

Check the TN courts and see if they have filed. If so, notify the courts that your not living in the state and the JDB has been informed of such. I would NOT pay a JDB a dime. If you do so, you will reset the SOL and can then be sued. Read TFC 392, google it. It's what TX has to offer above and beyond the FDCPA. Remember, these clowns paid pennies on the dollar for that account and they want a big pay off. Also, in TX they can not garnish your wages. They can clean out your bank account if they get a judgment. Stay on your toes on this one. Who is the JDB?

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According to an attorney located in Nashville, sloppy service is the norm in TN.

according to:http://www.creditinfocenter.com/legal/process-service-requirements.shtml

"Upon an individual other than an unmarried infant or an incompetent person, by delivering a copy of the summons and of the complaint to the individual personally, or if he or she evades or attempts to evade service, by leaving copies thereof at the individual's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, whose name shall appear on the proof of service, or by delivering the copies to an agent authorized by appointment or by law to receive service on behalf of the individual served."

The thing is we have never lived at her house (or in that county for more than 15 years!)
She is refusing service. They are saying they will go ahead with suit anyway. The attorney I spoke with this morning said that all they have to do is sign that it was served for that to happen. He is willing to represent it but wants a $1000 retainer, at that point I may as well pay the $650+ settlement offer though even if it is a scam :-(

The thing is if I could verify it I would be willing to pay just to be done, at this point it's only a lot of heresay though with a threat of lawsuit.

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It would be foolish to pay them. That is what they are counting on, the FEAR factor. Send them a letter informing them of your correct address and send it CMRRR NOW! That will help you in court, to show that they had your correct address, yet pulled sewer service on you. That way, if they get a default judgment in TN you can show they pulled a fast one, and get it dismissed easier. We can help you if your willing to research and read on this board how to do it. All you need to do, is be willing to fight and not back down and ask for our help. It's all FREE here.

Get the letter off to them tomorrow and tell them also, that they are past SOL. Again, read TFC 392 also for additional help and knowledge in TX. Don't give in to these jerks, it won't take much to win. They may get a default judgment on you in TN but it can be overturned and force them to come to TX where you have a fighting chance.

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Let them get a default with sewer service and then you have "actual" damages under the FDCPA to go along with stautory damages, then that violates Texas state law making more per se violations of the FDCPA by violating state law.  Probably can get deceptive trade practices charge out of it and in Arkansas you can get actual damages for deceptive trade practices.   Then the state deceptive trade practices are more per se violations of federal law and more emotional distress to go along with your other actual damage of the default judgement.  

 

In other words you can turn this into a nightmare for them.   

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I haven't been around as long as some of you, but, $650.00 settlement offer from a JDB for a $4,500.00 debt sounds like a scam for some easy money.  I don't know what it costs in TN to file, but subtract that number from 650 and that's all the JDB wants?

 

Again, just me, but this smells.

 

Good luck,

 

rt

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Yeah, it seemed very odd to me as well.

This site is awesome! I have used many of the techniques here to help clean things up. Been here awhile, just do more reading than posting. :-) There are just a few things that may still be hanging out there.

What worried me most on this was simply the inclusion of a possible default judgement; I had thought that was the end of it once a judgement was entered and that there was no recourse. I spoke with an attorney in TX today who said also that the judgement can be vacated if they actually get one. The attorney also said that they have 5 days by federal law to send something in writing. I will send them a letter and then we wait and see. 

Thank you to everyone!

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Contacted by a family member I have never lived with Sasturday 3/2 who said they were attempting to serve court papers on my spouse. I called the company in question. They did not verify who I was other than to give me his info and have me verify it. He released OC, amounts, dates (not out of statute) and said they had mailed notices to an address we haven't lived at in more than a year. (I know our credit reports hav reflected proper address since last April 2012.) He says can settle until papers are served and then settlement offer is no good and put a hold on it through Monday March 4. He was supposed to send a stipulations letter via e-mail for me to research info and verify whether the debt is ours but did not do it so I was thinking it was a scam (we have had at least one debt wrongly placed on his credit report so someone gained access to his info recently). I also gave him current address when I spoke to him.

Searching the company here and via google comes up with limited returns. No web page, only one entry on bizpedia gives any information and lists it as a 2 month old company in CA.

Today my family member called again, the are trying to serve her again. Said that if she would not accept it that court proceedings would continue for a default judgement. Would that not be improper service and was it not already a violation of privacy?

Obviously if I can pay the settlement amount and keep from going to court that is what I want to do *if it is a valid debt, through a valid company* he is pressuring to just pay, saying that settlement is opnly an option up until service indicationg that there is no time for the typical options and that we will be sued, without even having been properly served (my relative has told them a few times now that she is not authorized to accept summons.)

Where do I go from here? Can I still even do this on my own? (We now live several states away.) What kind of attorney would I even search for if defense becomes necessary?

Is it SACOR Financial?

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According to an attorney located in Nashville, sloppy service is the norm in TN.

according to:http://www.creditinfocenter.com/legal/process-service-requirements.shtml

"Upon an individual other than an unmarried infant or an incompetent person, by delivering a copy of the summons and of the complaint to the individual personally, or if he or she evades or attempts to evade service, by leaving copies thereof at the individual's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, whose name shall appear on the proof of service, or by delivering the copies to an agent authorized by appointment or by law to receive service on behalf of the individual served."

The thing is we have never lived at her house (or in that county for more than 15 years!)

She is refusing service. They are saying they will go ahead with suit anyway. The attorney I spoke with this morning said that all they have to do is sign that it was served for that to happen. He is willing to represent it but wants a $1000 retainer, at that point I may as well pay the $650+ settlement offer though even if it is a scam :(

The thing is if I could verify it I would be willing to pay just to be done, at this point it's only a lot of heresay though with a threat of lawsuit.

Oh, that would have been me.  I didn't know that this debt purchaser offered you such a low settlement offer.  However, I doubt it's legit, I think they're actually SACOR or at least a receiver of the old Columbia Credit Services, and if you did settle, who is to say they won't sell the remainder.

 

That said, you can feel free to call me back Monday.  I can get rid of them for less than the settlement.  Morever, we can discuss the possibility of suing them in either TN or TX.

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From the sounds of things the CA/JDB has threatened to do things they can not, which is an FDCPA violation. I would never ever pay a lawyer in TN to represent you. Send them a letter with your proper address and disputing the debt. If they so much as sneeze in the direction of the court house, hire a lawyer in TX to sue the CA/JDB in a Texas courtroom. I know in Texas there are a lot of FDCPA lawyers that would likely send a limo to pick you up to file suit against them.

 

As an alternative, you can call them with a tape recorder running and advise them of your address and let them ramble on, racking up the violations. If you ask a few open ended questions like "What happens with the case since I live in Texas". They will hang themselves.

 

Last I heard they still shot horse thieves and collection agents in Texas. :)

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