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ready2fight2014

Unifund Corporation-Help

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First off thanks to all in this community who contribute with very helpful information
that others like myself have been able to use to fight off the JDB predators.

 Now for my current situation that I'm seeking help with.

I'm in the state of MA.
Back in 2012 a default judgement was entered against me for almost $10k including fees.
The plaintiff is Unifund Corporation.
The original creditior was Citi Card and original balance around $5k.

Long story short, I did not know what I know now and have learned from being on this forum which
I've used to successfully hold my own and have favorable outcomes in a few recent cases.

Since the judgement I've been paying on and off $90 per month. towards the end
of last year(September) I offered to settle the account for $1000 since that's all
 I could do and my energy was going to rework my mortgage  situation which thankfully i have done.

My offer was declined and counter at $6000. I told Unifund's attorney that for the time being I was not going to
be able to make any more payments.


In February 2015 I received a call from the the attorney and he told me that because a defaulted on a payment review
conference that a Capias warrant for my arrest was issued and that unless i sent in a payment within 30 days that it would be excuted.

I sent in a payment so I'm back on a verbal payment agreement.

I never got a noticed from the court. The attorney stated that I was served- I never got the service.


So my question is what can I do to fight this?

I know that I have limited options from what I can see but was hoping that some of the great minds here
can think of something that could be worth a try.

In MA you can reopen a case to my knowledge if it was found that evidenced was fraudulent or for no being properly served.

But here is the kicker.... Proper service in MA is the last known address of the person being served and get this; they don't have
to give it to you personally. How can this be tracked?

Any how I've been looking around to see if find anything on Unifund, if they can collect in MA without being registered as a debt collector or any other dirt
that I can use. I know that if can get this case back open with what I know now I fight them away.

Any help is appreciated.

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http://www.bkmass.com/blog/index.php/debt-lawsuit-massachusetts-supplementary-process-and-capias-warrants/

 

It seems from the above link that a capias arrest warrant (basically a civil warrant) is legal and often used in MA.  I think your options are limited.  They got a default judgment against you, you got the amount reduced, you made payments, stopped, then started making payments again.

 

 

As for service of process, it seems that MA has some loopholes that make it hard on defendants.

 

http://mcleodlawoffices.com/2005/11/a-loophole-in-massachusetts-court-rules-and-a-call-for-reform/

 

I am not sure where is the "fraud" or the "dirt."

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Thanks for the response Debtzapper.

 

The fraud part would come I'm thinking if the case was reopened and It was proven that they did not actually owned the debt or had the documents to prove that they own it. Maybe it would not get that far the JDb could just dismissed the case all together if they saw the case heading down that road.

 

I guest my lost is that it got to this point without me putting a proper defense!

 

A lawyer that I talked with last year with regards to a case with midland offered me to participate in a potential class action law suite against midland and other JDB in MA.

He mentioned that I guest there is an opening to sue the JDB in MA because in MA you must be a registered with the state as Debt collector. So my line of thinking was

that Unifund corporation may not be registered in MA.

 

They used an attorney but the grey area in what I've read in the law about this, is that it does not clearly exempt a JDB from registering in MA if they use an attorney.

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If you want to bite the bullet, one way would be to file BK 7if you can qualify. It would only hurt you for a few years, not like it used to and that way you could thumb your nose at them. The way I am, I would do that if it was my only option. But, it's not for everyone. Good luck.

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