2 year old judgment and no contact??? I would like your opinions about the following: I was sued by an attorney for Creditrust 3 years ago, went to a lawyer that was listed at NACA and recommended by Bud Hibbs. He only charged me $50 and said he would response and make this go away! HA HA HA, LOL and ROFLMAO. He filed an answer for me and also sent first request for discovery to the plaintiff's attorney. In the discovery request he asked for the plaintiff to state every credit and debit leading to the balance sued for. Whether or not Creditrust was still the real party to this account. (note Creditrust was in bankruptcy and NCO was going to merge Creditrust with their subsidiary Portfolio Management) He also made a request for the production of documents requesting a full statement of the account showing charges and credits. Creditrust's attorney responded with an eligible copy of a credit card agreement and a computer printout from creditrust and in response to the discovery said that they objected to the discovery on the grounds that the discovery was irrelevant, broad, vague, unduly burdensome and not reasonably calculated to the introduction of admissible evidence. They went on to restate the complaint and referenced the last payment on the account. Which was where I paid the court cost after the 30 days but before the 45 days which in my state prevents a default. It was not a payment on the account! They also objected to the request for the production of documents on the same grounds as above. In the interim they sent interragatories to my attorney, requesting essentially the same thing. For me to prove the account. We responded none, NA, nada nada nada. My attorney didn't do anything else and several months passed. Apparently, they had sent a request for admission of facts that my attorney did not respond to and I had no knowledge of until they requested court sanctions on him for not responded ----then we responded. At this point I requested via CCRR to the attorney, complete validation of the account. They responded with the same f**king eligible CC agreement and a statement that if all the documents where not included they would be forthcoming as soon as they received them from the client. Didn't here anything else until I learned that Creditrust had filed a motion for a summary judgment, my attorney did not object or file anything and so the court signed the judgment. It has now been 2 years since the judgment was entered, I have sinced moved but all my mail is forwarded. Have not heard a word, not a copy of the judgment, (i found out about it by looking at the courthouse). Not even a request for payment. I am judgment proof. In my state, a judgment can be set aside up to 3 years from the entry for fraud, mistake, misrepresentation or defect on the face of the judgment. I would really appreciate your comments. Do you think that any contact from them at this point would be a FDCPA violation since validation was requested but not received? I know I had them on multiple violations 2 years ago but it is too late. Do you think I could successfully file to set aside or vacate? By the way, Creditrust was dissolved during this mess but there as never been any mention of the new owner which I am sure is NCO. Happy Thanksgiving to the turkeys! Brauson
2 year old judgment and no contact? I don't think the turkey will have a very happy Thanksgiving!! I don't know the answer but at least I'm bumping it!
2 year old judgment and no contact??? A judgment carries some serious weight. Perhaps they're waiting for the 3 year period to make it incontestable, then they'll come after you with garnishments, etc. Or not. Depends on how disorganized Creditrust's info was when NCO got hold of it all. NCO may be poring through it all to find out what's hot and what's not. Chances are it will wind up in the hands of some junior analyst at some point with a "See what you can make of this" post-it on the file jacket, and if he's at all enterprising, you've suddenly got a can of worms to deal with.
2 year old judgment and no contact??? << Brauson BUMP THE END ** *** ** LB 59 """"```--~~~~~~~~~--```'""''' >> L B 7283
