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Being Sued for Old Debt by Debt Buyer


David_23
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I just received a call from a women name Dawn (818) 534-3124 about a debt that is 6 years old and she tells me they have already won a default judjement against me last year and they will start to take money from my paycheck every month plus interest if I don't agree with the settlement that they are providing. I am suppose to get back to her by tomorrow with my decision.

I have never received a summon or being served to show up in a court and she is threatening that she will call my workplace and has the authority to have my workplace give them 25% of my paycheck untill the debt is over.

 

 

1. Who is the named plaintiff in the suit?
Dawn

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


3. How much are you being sued for?
$6500-ish

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

5. How do you know you are being sued? (You were served, right?)
Just phone call from this lady, Dawn

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


7. Was the service legal as required by your state?
Not Sure

8. What was your correspondence (if any) with the people suing you before you think you were being sued?
None

9. What state and county do you live in?
Los Angeles, CA

 

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
More than 5 years ago, but I'll find out the exact date.

11. What is the SOL on the debt?
I don't know

12. What is the status of your case? Suit served? Motions filed?
They have won a default judjement against me
 
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?
No, didn't know I was being sued

15. How long do you have to respond to the suit?
Until monday 02/23/15

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

None, I haven't asked for anything yet.

 

Please help, thank you in advance for your time

David

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Do you believe everything people tell you on the phone? I think she may have violated a couple of FDCPA laws here with that phone call.

Get online and go to your courts website pronto. See if there are any judgements against you. If there is, go to the court and get a copy of it. Then come back and we will help you get it vacated.

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I agree do not pay a dime. Calif. is four years SOL, so even if they got the default last year they had to do it with sewer service as you were past the SOL then if I am reading it right. Do as you were advised, check the courts and also send them a DV if you have an address. It may be a possible scam. I've gotten three scam calls this past week after several years being quite on the home front. Send the DV letter CMRRR. Simply put: I dispute this charge and demand validation. Then Sign it with a scribble type signature that's not your normal one.

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Thnx alot for your advices, I am trying to check the courts public record online under civil party search but I can't register. The website is down or something, I may need to go to court house in morning and ask the clerk to do a search.

However on my credit report it shows collection account was opened in 11/2012, also the original dept account on my credit report has been delinquent since 08/2010, last time I paid on the account was 01/2010 which both are more than 4 years ago.

 

I will send them DV letter in the morning since I got their address from my credit report, do I also need to state that the SOL is past on this account in the letter or should I call them tomorrow to tell her to stop bothering me about this?

 

I know I sound like a newbie because I am when it comes to legal action, and I do really appreciate your help

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DO NOT pay them.  Read this:  http://whocallsme.com/Phone-Number.aspx/8185343124

 

Before you send them any letters find out from the court if you have actually been sued.  Apparently this is a subsidiary of a very bad JDB:  Persolve.  I would not put it past them to use sewer service to get a default judgment.  Whether they sued you or not they have already violated the FDCPA and all you need at this point is a good consumer attorney to sue them for it.  After you get the information from the court on whether there is a judgment go to www.naca.net and find a good consumer attorney to sue them.

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The court website is working this morning and yes there is a case, I have attached the case just left out the name for privacy. I can't really understand whats going on from the history, if they really have won the case or not?

 

Thanks

 

NOW you need a consumer attorney.  Apparently they did sue you and claimed they served you then got a default judgment when you didn't respond or go to court.  This company is KNOWN for using sewer service (i.e. lying about serving you or using a false or severely out of date address) to get a default judgment.  

 

Go to www.naca.net because a skilled attorney can look at the case file and see where they violated California and Federal law on collections and deal with this. Most if not all will do the first consult for free.  They can also help you to vacate this judgment and get them sanctioned or file a FDCPA claim against them.  DO NOT delay.  

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That's exactly what I just did, I found an attorney who specializes in debt collectors and just sent him this case. Hopefully I get a response fast.

Bytheway I really apreciate you helping me out, its really a stressfull situation and its nice to get some helping hand.

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That's exactly what I just did, I found an attorney who specializes in debt collectors and just sent him this case. Hopefully I get a response fast.

Bytheway I really apreciate you helping me out, its really a stressfull situation and its nice to get some helping hand.

 

CALL do not email.  Unless he asked you to.  Those "contact us" email boxes are not always monitored and they may never see your request for help.  Also, call more than one and choose the one who will represent you best.

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I called few attorneys and one of them got back to me and saw my case and requested some documents that I need to get from the court before he can say if he can defend the case or not. He did confirmed that this debt collectors have one the case and can persue in collecting it and he needs to file a motion to stop that and buy some time to do more research.

 

I also sent a PM to calawyer, but he is offline currently.

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@David_23

 

Give this firm a call too. Other members and OPs have used it.  Yes, finding a good lawyer is tiring.  I contacted FIVE before I finally got one to take my case, and it was an out-of-state law firm.  NO ONE in my state would represent me.  But I persisted.  Do the same.

 

 

 

KAZEROUNI LAW GROUP APC 800-400-6808 | California ...

www.kazlg.com/
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The 9th Circuit Court of Appeals today sided with the arguments presented byKazerouni Law Group APC in the matter of Knutson v Sirius XM. Sirius XM Radio's ...
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@David_23

 

Give this firm a call too. Other members and OPs have used it.  Yes, finding a good lawyer is tiring.  I contacted FIVE before I finally got one to take my case, and it was an out-of-state law firm.  NO ONE in my state would represent me.  But I persisted.  Do the same.

 

 

 

KAZEROUNI LAW GROUP APC 800-400-6808 | California ...

www.kazlg.com/
  •  
  •  
 
The 9th Circuit Court of Appeals today sided with the arguments presented byKazerouni Law Group APC in the matter of Knutson v Sirius XM. Sirius XM Radio's ...

 

 

I can attest to this group as well.  I use their Nevada branch and have been very happy.

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