Lotus

Fraudulent / Improper Assignment of Judgment?

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Fraudulent / Improper Assignment of Judgment?

Greetings

I have several important questions regarding the following situation…

-        In May 2007 I had a “Default Judgment” against me for $12,000 of credit card debt.  The company that sued me was one of the big debt buyers (CSGA).

-        Over the years I received letters from various collections agencies representing 4 different Creditors trying to collect on my judgment.

-        Dec 2009  Creditor #1

-        Jan 2011 Creditor #2

-        Nov 2011 Creditor #3

-        July 2013 Creditor #4

There was never an official “Assignment of Judgment” that was filed with the court by any of the 4 Creditors listed above.

May 2016 – I receive paperwork from a new Creditor #5 that is filing for “Assignment of Judgment” with the court.

NOTE: This Creditor #5 has signed the “Assignment of Judgment” with Limited Power of Attorney (LPOA) on behalf of CSGA (the original creditor that sued me). 

So here are my questions….

        1)     The guy that owns the company (Creditor #5) signed the “Assignment of Judgment” with LPOA on behalf of CSGA?. 

This seems like a conflict of interest. 

The Creditor #5 (The Assignee) is signing the “Assignment of Judgment” on behalf of the “Assignor” with LPOA.  Is this legal?

 

The collection letters (regarding this Judgment), indicate there were 4 different Creditors between 2009 to 2013…Would it not be the legal responsibility of Creditor #4 to sign the “Assignment of Judgment” as the “Assignor”?  Logic would dictate that Creditor #4 would be the last owner of the Judgment, based on date of the collection letters received.

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Just because a debt collector contacts you, that does not mean that the debt collector owns it.  A lot of CA's will farm out judgments and other collections accounts to debt collectors, to collect on the creditor's behalf.  They could have hired the first four, and then this new one could be the only one that CSGA actually sold it off to.

 

Do you still have the letters that the others sent to you?  If so, what do they say on them?

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Yes, I still have the letters.  

-        Dec 2009 Creditor #1 - Had their Attorney send a collection letter stating there was a default judgment against me and demanded payment.  My assets/property will be investigated in an effort to satisfy the debt.

 

-        Jan 2011 Creditor #2 – Had their Collection Company send a generic collection’s letter demanding payment for the debt owed.

 

-        Nov 2011 Creditor #3 – had their Collection Company send a letter that stated that their Client had purchased the judgment and wanted to work out a settlement.

 

-        July 2013 Creditor #4 - had their Collection Company send a letter generic collection letter demanding payment for debt owed.

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@Lotus

Would it be possible for you to let us see the letters (your personal information redacted)?    It's a bit difficult to really offer an opinion without being able to read them.

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