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Debating on trying to vacate a past judgement, need advice


FeltS32
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I am in Massachusetts. 

 

A few years back before I was better educated on debt collection law and tactics I was sued in small claims by a local CA for a GE card related debt about $1000. I went to court unknowing and ignorant and just agreed that I think the debt is mine and had no idea I should probably find out if they have the right o collect on the debt etc, I make payments on the debt to the CA then stop making payments after I start asking CA questions about origin of debt do they own it etc, next thing I know the account is sold off to another CA/JDB who I never hear from. Nothing on my CR no calls NADA.

 

Meanwhile I have a judgement of my CR. Is there an argument here? Is it too late to question the debt ownership? Since then about 1.5 years ago I was sued by a big name CA for an old big bank CC and won by asking to prove the chain of ownership, case dismissed with prejudice. 

 

Any thoughts? I am open to any ideas

 

Much appreciated 

 

Felt

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Meanwhile I have a judgement of my CR. Is there an argument here? 

 

Now?  No.  The time to defend it was back when they sued you.  Once you agreed to the consent judgment it was over you admitted the debt.

 

Is it too late to question the debt ownership? 

 

WAY WAY too late.

 

Since then about 1.5 years ago I was sued by a big name CA for an old big bank CC and won by asking to prove the chain of ownership, case dismissed with prejudice. 

 

Any thoughts? I am open to any ideas

 

Had you defended the first suit you might have had a similar outcome but it is too late for that now.  

 

Your best hope is to settle with them (maybe they take a lower amount) and ask them to vacate the judgment as part of the settlement.  No way to know if they will agree to it but a paid judgment is better than an unpaid one.

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Does the new CA/JDB own the judgement though? Who would I call to offer it too? Seems odd that they would sell the debt if I was paying and they had a judgement. 

 

You can ask that they give you clear cut proof that they own the debt or have the legal right to collect on it.  You can DV them about that part because to be in compliance with the FDCPA they must give you a copy of the judgment.  

 

It is not typical to sell a judgment but it does happen.  Another possibility is that a larger JDB bought out a smaller one and took over the judgment and hired this CA to collect on it.

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