DocF Posted February 26, 2020 Report Share Posted February 26, 2020 Hello everyone, I recently was in court and this Resurgence place and Steven Fink are trying to revive a case to collect a debt they say I owe on. My research shows this case started in 2004 and died off in 2008 with no activity up until this month when they filed the motion to revive. Curious as to what this was all about because I can barely remember yesterday let alone anything from 2004, I went to pull the latest microfilms from the filing they did. It showed a form stating proof of service via certified mail (sent to the original address I lived at in 2004, no longer there for 9 years now). The document was filed stating that also a "special process server" served "me personally" and briefly described me as the person served. There are a few problems with this document filed. 1) I do not live at the address listed as being served (its my sisters house) 2) the documents were left in the door in a clear zip-loc baggie exposing my information to the public and my family 3) I was at work on the day and time said being served, I have proof of time clock printout. Yesterday was the court day set to hear the case and for them to try and revive this whole thing, I showed up and the lawyer tried to get me to "negotiate", I would not talk to him as I knew what he was up to. When my name was called to show in front of the judge, he explained why I was there and I politely told the judge I was not served and proved my place of residence of the last 9 years. The lawyer quickly told the judge to "Quash" the service, the Judge told me that the case would be set to trial, but I was not given a date. My understanding is that I will now be sent letters to be served to once again revive this case. Should I seek a lawyer or do I have a fighting chance to go at this solo? any advise is appreciated. Dave Quote Link to comment Share on other sites More sharing options...
WhoCares1000 Posted February 26, 2020 Report Share Posted February 26, 2020 How did the original case from 2004 end, by dismissal without prejudice? by Judgement that you did not know about? You need to know what happened in that case to determine what your next steps are. You can do that at the courthouse too. Quote Link to comment Share on other sites More sharing options...
DocF Posted February 27, 2020 Author Report Share Posted February 27, 2020 Activity Date: 09/03/2006 Participant: CHASE NATL PROCESS CITATION TO DISCOVER ASSETS ISSUED Date: 10/23/2006 Court Time: 0930 Court Room: 1401 Court Fee: 45.00 Ad Damnum Amount: 2305.55 Attorney: RESURGENCE FINANCIAL LLC Activity Date: 09/29/2006 Participant: CHASE NATL PROCESS CITATION - RETD P.S. - Date: 09/21/2006 Activity Date: 10/23/2006 Participant: CHASE NATL PROGESS CITATION DEFENDANT DISMISSED Court Time: 0930 Court Room: 1401 Judge: TAILOR SANJAY T Microfilm: MD001334241 Activity Date: 02/07/2007 Participant: CHASE BANK ANSWER TO CITATION FILED Court Room: 1401 Attorney: RESURGENCE FINANCIAL LLC Activity Date: 12/29/2008 Participant: RESURGENCE FINANCI NOTICE FILED Attorney: PRO SE Activity Date: 02/04/2020 Participant: RESURGENCE FINANCI MOTION FILED Attorney: FINK STEVEN J Activity Date: 02/04/2020 Participant: RESURGENCE FINANCI MOTION SCHEDULED Date: 02/25/2020 Court Time: 0200 Court Room: 1401 Attorney: FINK STEVEN J Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted February 27, 2020 Report Share Posted February 27, 2020 I would be paying a lawyer a few hundred bucks to make this go away permanently. Your biggest mistake was letting the case sit for 12 years. You should have filed a motion for summary judgment for lack of prosecution 10 years ago at least. I am stunned the court let the case sit dormant that long. I would be asserting a laches defense: that by waiting 12 years he has deprived you of any defense because you haven't retained records that long. Ask an attorney you don't want to mistakenly admit to anything in that process. 1 Quote Link to comment Share on other sites More sharing options...
DocF Posted February 27, 2020 Author Report Share Posted February 27, 2020 19 minutes ago, Clydesmom said: I would be paying a lawyer a few hundred bucks to make this go away permanently. Your biggest mistake was letting the case sit for 12 years. You should have filed a motion for summary judgment for lack of prosecution 10 years ago at least. I am stunned the court let the case sit dormant that long. I would be asserting a laches defense: that by waiting 12 years he has deprived you of any defense because you haven't retained records that long. Ask an attorney you don't want to mistakenly admit to anything in that process. I will definitely look into this, to be completely honest, I don't even remember any of this happening. In 2004 my daughter was born and I was a little busy as you can imagine. I would never admit to anything, I knew what the lawyer was doing as he would lore people into the halls to "talk". Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted February 27, 2020 Report Share Posted February 27, 2020 13 minutes ago, DocF said: I knew what the lawyer was doing as he would lore people into the halls to "talk". If they hadn't agreed to meet to try and settle the court would have sent them out to do it. The courts prefer the parties settle if they can. I am going to quote a Judge I heard back when the recession hit. We were there because a landlord had leased us her house and not told us it had already been foreclosed on. We sued her. (before the tenant protection act because TONS of LL did this back then) and while waiting the Judge said this: "The court understands times are tough and things are difficult. HOWEVER, losing our job, caring for kids/parent/spouse, medical bills are understandable situations but are not a legal defense to not paying the rent/mortgage or bills. If you have not paid your rent/mortgage I have NO choice but to find for the Plaintiff. I cannot predict how long it will be after that before the Sheriff's office serves a notice of eviction and you are removed from the property." Most of the cases on his docket were for eviction. He encouraged the parties to go to the hallway and work it out because if he had to rule the Defendants were not going to be happy unless they had a LEGAL reason they did not pay. (two did that day) The same is true for debt collection cases. There was almost a decade at the end of the paper records era (before digital became main stream) where debt buyers only got the account list and didn't pay for supporting evidence. You could defeat one by demanding the evidence. Not anymore. In the digital era and adoptive business records laws no longer requiring a live witness to attest to the records a win is a lot easier for the Plaintiff. This is why Judges send the parties out to try and settle. Also, very few actually show up. Even today there is still a 90% or higher default judgment rate. Which is actually what the JDB is after. Quote Link to comment Share on other sites More sharing options...
WhoCares1000 Posted February 27, 2020 Report Share Posted February 27, 2020 Looking at the 3 September 2006 entry, it looks like they are trying to do a debtors exam for assets. Are you sure they did not get a judgement. The plaintiff usually cannot do that until after they get a judgement. Quote Link to comment Share on other sites More sharing options...
DocF Posted February 27, 2020 Author Report Share Posted February 27, 2020 Activity Date: 04/04/2006 Participant: RESURGENCE FINANCI MOTION SCHEDULED Date: 05/01/2006 Court Time: 0915 Court Room: 1401 Attorney: RESURGENCE FINANCIAL LLC Activity Date: 05/01/2006 Participant: FRAZIER DAVID A STRIKE OR VACATE AN ORDER - ALLOWED - Judge: DONNELLY, THOMAS M. Microfilm: MD000590720 Activity Date: 05/01/2006 Participant: FRAZIER DAVID A CITATION DEFENDANT DISMISSED Court Room: 1401 Judge: DONNELLY, THOMAS M. Microfilm: MD000590720 Activity Date: 05/22/2006 Participant: HEARTLAND AUTOMOTI CITATION TO DISCOVER ASSETS ISSUED Date: 06/19/2006 Court Time: 0930 Court Room: 1401 Court Fee: 45.00 Ad Damnum Amount: 2116.84 Attorney: KAPLAN CHAET LLC Activity Date: 06/14/2006 Participant: HEARTLAND AUTOMOTI CITATION - RETD P.S. - Date: 06/05/2006 Activity Date: 06/19/2006 Participant: FRAZIER DAVID A CITATION - RETD P.S. - Date: 06/12/2006 Activity Date: 06/19/2006 Participant: HEARTLAND AUTOMOTI CITATION DEFENDANT DISMISSED Court Room: 1401 Judge: TAILOR SANJAY T Microfilm: MD000801806 Activity Date: 09/03/2006 Participant: CHASE NATL PROCESS CITATION TO DISCOVER ASSETS ISSUED Date: 10/23/2006 Court Time: 0930 Court Room: 1401 Court Fee: 45.00 Ad Damnum Amount: 2305.55 Attorney: RESURGENCE FINANCIAL LLC Quote Link to comment Share on other sites More sharing options...
DocF Posted February 27, 2020 Author Report Share Posted February 27, 2020 I'm not sure but looking back it shows May 1, 2006 I was dismissed. Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted February 27, 2020 Report Share Posted February 27, 2020 1 hour ago, DocF said: I'm not sure but looking back it shows May 1, 2006 I was dismissed. I took another look. Did you ever work at Heartland Automotive or bank with CHASE? If I am reading this correctly it appears they tried to garnish wages and levy a bank account. The citations may have been dismissed because you either didn't or no longer worked/banked at either. You need to see the complete timeline from the date they filed. If a judgment was awarded then the response to their activity is VERY VERY different. Quote Link to comment Share on other sites More sharing options...
DocF Posted February 27, 2020 Author Report Share Posted February 27, 2020 I did, but like I said 15 years ago is a long time ago. I worked at Jiffy Lube at the time and banked at Chase, I remember my account being frozen and having to set up a new account with BOA and never heard anything since that, not a single letter was sent to me and I've never had any issues with my BOA account as far as my money being deposited or withdrawn. Quote Link to comment Share on other sites More sharing options...
nobk4me Posted February 29, 2020 Report Share Posted February 29, 2020 Sounds to me like they got a judgment. Quote Link to comment Share on other sites More sharing options...
WhoCares1000 Posted March 1, 2020 Report Share Posted March 1, 2020 It sounds like they got a judgement. In Illinois, a judgement is good for 7 years and can be revived for 20 years after that for a total of 27 years so it sounds like it is within SOL. It is also way too late to try to get it vacated now. The best bet would be to try to come up with a deal to settle case but they are going to be very hard to get a deal from because they know they have the leverage and you really don't. Quote Link to comment Share on other sites More sharing options...
DocF Posted March 3, 2020 Author Report Share Posted March 3, 2020 It is my understanding that the SOL is from the last entered date filed or collection of money, that was in 2008. There was a default judgment set against me on 8/1/2005 yet there has been no collection of money at all, and little to no activity on their part for years on end. From everything I gather the SOL ending date should have been 8/1/2012 to collect. Can I defend my self with them not completing this in a timely manner? Activity Date: 05/09/2005 Participant: FRAZIER DAVID A CASE SET ON TRIAL CALL Date: 08/01/2005 Court Time: 0930 Court Room: 1110 Judge: MURPHY GORMAN, JOYCE MARIE Microfilm: MD000581492 Activity Date: 08/01/2005 Participant: FRAZIER DAVID A DEFAULT - ALLOWED - Judge: TAILOR SANJAY T Microfilm: MD000971260 Activity Date: 08/01/2005 Participant: FRAZIER DAVID A ASSESS COSTS - ALLOWED - Judge: TAILOR SANJAY T Microfilm: MD000971260 Activity Date: 08/01/2005 Participant: FRAZIER DAVID A EX-PARTE JUDGMENT - ALLOWED - Ad Damnum Amount: 1799.98 Judge: TAILOR SANJAY T Microfilm: MD000971260 Activity Date: 11/10/2005 Participant: JIFFY LUBE INTL CITATION TO DISCOVER ASSETS ISSUED Date: 11/28/2005 Court Time: 0930 Court Room: 1401 Court Fee: 45.00 Ad Damnum Amount: 1972.73 Attorney: RESURGENCE FINANCIAL LLC Quote Link to comment Share on other sites More sharing options...
WhoCares1000 Posted March 3, 2020 Report Share Posted March 3, 2020 According to what I read, they have 7 years to collect after which the judgement becomes in active. After they, they can reactivate the judgement for 20 years (for a total life of 27 years) which is what they are doing now. This is what I read for Illinois Judgement SOL (and can be found by a quick Google search). They are doing the reactivating right now and will probably be able to do so. An ex-parte judgement suggests that you did not show up and they were awarded a default. Nothing in this listing suggests that it was vacated. My guess is that also, after 14+ years of even simple interest of 8% (which is statutory for judgements), the amount owed has more than doubled to about $5000 at this point. They also don't have to deal because they know that they have another 12 years to collect so you will be paying close to that $5000 amount (although you might be able to get a deal closer to the $2300 amount if you are willing to really negotiate but I cannot say for sure). You will therefore need to either come up with the money or if you have a ton of other debts and a low income, consider a BK chapter 7. Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted March 3, 2020 Report Share Posted March 3, 2020 2 hours ago, DocF said: It is my understanding that the SOL is from the last entered date filed or collection of money, that was in 2008. There was a default judgment set against me on 8/1/2005 yet there has been no collection of money at all, and little to no activity on their part for years on end. They attempted to garnish wages and levy a bank account shortly after they got the judgment. The statutes on judgments does not require that they actually collect money but according to your one post your BoA account was frozen so it is likely they did get something at some point. The initial judgment period from @WhoCares1000 found is 7 years. They are not required to even try to collect but CAN. After that period expires under IL law they can renew the judgment for 20 years. If it was properly renewed then you are stuck with this. Your options are to settle or BK it won't go away on its own. Their renewed activity indicates the will take active steps once again to try and get their money. Quote Link to comment Share on other sites More sharing options...
WhoCares1000 Posted March 3, 2020 Report Share Posted March 3, 2020 3 hours ago, Clydesmom said: They attempted to garnish wages and levy a bank account shortly after they got the judgment. The statutes on judgments does not require that they actually collect money but according to your one post your BoA account was frozen so it is likely they did get something at some point. The initial judgment period from @WhoCares1000 found is 7 years. They are not required to even try to collect but CAN. After that period expires under IL law they can renew the judgment for 20 years. If it was properly renewed then you are stuck with this. Your options are to settle or BK it won't go away on its own. Their renewed activity indicates the will take active steps once again to try and get their money. The are in the process of trying to renew the judgement which is what the OP asked about. However, I cannot see why the court would not renew it considering all the other factors. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.