This is my first post...long time lurker. Now I have a problem and desperately need advice. My reports are good except for an unpaid collection which my ex was ordered to pay in our divorce agreement. As the story goes, it hasn't been paid. When I was contacted by the ca, I stupidly sent them a copy of my decree, naively believing they would back off. They said 'so what', did all the threats, etc. It was due to fall off my report this year and I have now found out they have taken out a lien on me. What do I do now?
You said they took out a lien on you. Normally they have to sue you to get a lien. Did they sue and get a judgement? Exactly what do they have? Or, are they just blowing smoke?
I have received nothing from the ca. I have Equifax Credit Watch which notified me of a public record placement.
If it is a public record, then it may very well be a lawsuit. You need to check the court clerks office to see what happened. Most likely, this will be where you live now or where you lived since you got your divorce. When you find the file, see what happened. Pay particular attention to any service of process on you. In other words, how do they claim they notified you of the lawsuit? See if they are telling the truth. Then let us know and maybe we can help some. Are you able to get to the courthouse or at least have someone do it for you? Does the notification you got give you any hint where this is filed? If they sued you in another city or state and got a judgement and lien, they can file the lien in your jurisdiction. So, it is possible that the lien you find will not be for a local lawsuit. But, at least it will tell you where the suit was filed. I am assuming that no one ever contacted you about a lawsuit? I am trying to get some work done and am checking here while stuff is being printed so I may not be able to answer you right away so be patient.
I will run by the county court house and check. The equifax notification gives no info other that it was filed 11/2001. That alert is the only thing I've heard about it. I've not had any communication with the ca (NCO) since the initial call when they were (surprise) belligerent and obnoxious. I've actually never received anything in writing from them that I can remember.
You state that the first contact you received from this CA was a phone call. Subsequent to that initial contact, they were required to send you a WRITTEN NOTICE of your rights to dispute the validitiy of this debt. I'm assuming they didn't send you one by certified mail with proof of receipt and that you NEVER RECEIVED IT. (right?) Therefore, that is an FDCPA violation. If they sued you, they were required to do so in the jurisdiction where you live. They FDCPA specifically prohibits suing in some other state so that the defendent will be unable to appear or respond. Another violation. If they received a judgement, they should have had to establish to the court that the debt is legally yours. If so, they should be able to produce the original contract. Send them a request for validation as discussed here--I'll bet they have no documentation. If they can't produce documentation, got a default judgement in another jurisdiction without you having the opportunity to produce the divorce decree, you can have the judgement VACATED and SUE THEM for violating the FDCPA and that's exactly what I'd do. Greg
Even though the ex was ordered to pay in the decree, legally, they can go after him and that does not get him off the hook. He will have to go after the ex if the ca collects from him. I agree that you need to get to the courthouse to find out what is going on.
