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Update: One company indicates it will vacate default (conditional)


victorylane
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This is an update to my case.  I can't find the orignal thread so I will just give a quick update here.  I posted earlier about finding two default judgments on my credit report from different companies.  I investigated and found issue with the service as well as the lawyers.  One is clearly a case of "robo signing" as the signature on five randomly review court sites from other counties had vastly different signature of the lawyer who signed the court documents.  Some said that this was not an issue, however, the FTC disagrees with that, look at the recently launch case against a Georgia law firm on this very charge(fraud).  The second was on the qualification of the lawyer and whether the person could legally represent clients at the time as the person had not yet been admitted to the bar.

 

Yesterday, received a letter where one CA indicated that it had not re aged any accounts and that the date they reported was the date it was assigned to them or they bought it.  Which is flat out wrong, second they said it was a different account than the one they previously supposedly validated as the one for the lawsuit.  Lastly, they indicated that they would vacate the judgment on grounds of service/jurisdictional grounds once I provide more records of my address. Which is easy.

 

However, I think I see violations in their response so far. Validating the debt as one account then later saying it is for a totally different account because I provide the one had been paid in full in early 2000.  Next, the new account I did have that one but I am sure it was paid however, it was way past the statue of limitation at the time. They used the date they acquired the account.  I am not sure the account is accurrate because I remember paying off all my bills (this is one is atleast 13 years or more old.  The OC is out of buisness.  Dispite my continued request to ask for date of original default the ignore that issue.   Should I just take the vaction on this one or get them for their violations?  I know some violations may be hard to win because there is a year statue on suing on violations, if I read correctly.  However, these new violation seem ripe for suit I believe.

 

The second company indicates that it sold the judgment after getting it. They keep refering me to the new owner LVNV.  However, I asked them for their records relating to the collection up to selling the judgment as I never received any notifications.  I also asked them to prove they sold the judgment because there is no substitution of attorney on record or assignment on record. I have found that many companies don't record legal assignment in order to suprise a consumer later at an time which they have the advantage. But my understanding is that a substitution of attorney has to filed... is this correct?  Every record I found so far has their name, so it appears they are the owner still by all records so I asked for proofs.

 

I did not post more specific because there has a flurry of soft inquries to my credit report by tracers, Convergence, and others after I began filing complaints. So I moved rapidly to get my complaints out before I could be sabotaged again.  Any comments on how to proceed?  So far the two most successful at getting prompt replies have been through the state's attorney general and the FTC sight.  They know their response will remain on file and in some cases be examined for violations. I post in detail very soon once the judgment is vacated and the status and names and all information I found on the attorneys if it pans out.

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