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Post Judgment-Same JDB attempting to collect again!


bohey
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Hello C&C gurus; I need some advice following today's perplexing event.  I received a 30 day letter from a JDB requesting my validation of the debt (from a 2006 acct) that the very same JDB turned over to an attorney in 2009 and who was then awarded a judgment in 2010! Since I was not in the US at the time of default judgment, I don't have record of ANY correspondence from the OC, JDB or any notice of process service to provide to them as per their 30D; and why would I even need to do so? I thought I'd seen everything! Can  a JDB come back and restart the debt process after a judgmt is entered?  Is this allowed under Fair Debt or other collection law? (I think not). Seems like harassment or just plain stupidity. Do they not know they sent  this JD account to their atty who got a default judgment? Can I sue JDB for $1000 harassment/or disregard of collection practices or (better yet) can I get the original debt forgiven since I never received anything? This is an account that is, at least, 10 years old. Thanks, Bohey

 

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When did you find out you had this judgment against you? If this sounds like sewer service use that to help vacate the judgment. You may want to consider filing a complaint with the CFPB as well as your state atty general's office. I think a judgment in California is good for 10 years and is renewable.

Find a consumer attorney to get a consult as well- http://www.consumeradvocates.org/find-an-attorney

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2 hours ago, bohey said:

Can  a JDB come back and restart the debt process after a judgmt is entered?

They are not "restarting" the process merely moved into the next phase:  collection.  The judgment simply extends the time they have to collect and gives them a few more options to do so such as bank levy or wage garnishment.  Even with a judgment the first step in collecting on it is the debt collection letter.  If you were to DV them they would only need to supply a copy of the judgment to be in compliance with the FDCPA.

2 hours ago, bohey said:

Is this allowed under Fair Debt or other collection law?

Yes.

2 hours ago, bohey said:

Can I sue JDB for $1000 harassment/or disregard of collection practices or (better yet) can I get the original debt forgiven since I never received anything?

You should certainly try but do not be surprised if the courts refuse to vacate the judgment after all this time.  Generally after a year judgments are etched in stone though in rare occasions they have been vacated when it is clear that the Plaintiff used tacitly illegal methods to gain the judgment.  Vacating it after this amount of time is not a DIY project you should seriously consider hiring a good consumer attorney.

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Get a copy of your case file from the court.  There should be a certificate of service listed in the file.  This will say how and when you were allegedly served.  If you can show proof you were out of the country on the day they allegedly served you, then you may be able to get the judgement set aside.  You may want to contact a few consumer attorneys and see what they say about this.

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