I have a judgment against me and in the state it was issued in the SOL is 21yrs valid, "revived" every 5 yrs. However, for some reason the issuing attorney/CA or whatever has called a member of my family referring to me. They apparently left a message on my family member's answering machine. How they got that phone number is beyond me, and it pisses me off HOWEVER this debt the judgment was issued for is about 6 years old, and the judgment is comming up on 3 yrs old. I actually sent a request letter to the courthouse to get a certified copy, which is the closest I can come to figuring out why they are calling about this. It is the same company though that issued the judgment. Can they call me out of the blue? ANd should I call them back (I am thinking NO!) or send THEM a cease and desist letter? I told my family member to save the tape the message is on. This chick calling left her name, phn and ext but not the company name NOR the reason she was calling. Any advice is appreciated!
Yes they can call you out of the blue. I don't know much about judgments, but I don't think a C & D would help you. They can probably start exercising whatever means your state allows for payment of a judgment. (eg garnishment, seizure, etc.). Better meet this one head on.
Re: Re: CA Contacting My Family! I Think this is the same issue of the 2 ohio judgments for the same thing. Do wish folks would keep the same topic all in on thread . Makes it hard to offer sugestions when you have to try to piece things together from different threads.
Re: Re: CA Contacting My Family! J Lynn: You out of coffee ? They did not call him they called a family member. A C&D will help the family member who sends it to the CA!
Re: Re: Re: CA Contacting My Family! Got a potful, just hadn't time to get to it all It will help the family member, although from her message they were following the law for location information. I just don't think a C & D would help the poster personally. Also, she mentioned that it was the company that got the judgment calling. I'm wondering if it was EVER with a CA, or if from start to judgment it only involved the OC? Maybe we need more information.
Re: Re: Re: CA Contacting My Family! sorry about the thread thing lbrown.... ...the caller is a CA. The OC was a small finance company where the loan (auto) originated in like 1996, and it was bought 2 more times ending with a "big bank", whom in turn repo'd the car in 1998...it was then turned over to a CA for the bank and their laywer filed a judgment in Painesville Court in Feb 2000, which I never rcvd because I had moved. That judgment was eventually dimissed for "failure to prosecute" and another was filed in Willoughby court in Oct 2001, which the court claims I rcvd. I don't remember signing for anything. So here we go again...it's comming alive!!! and they are calling a family member of mine but I don't know how they got the relation; our names are different but CA's are like reporters I guess!!
Re: Re: CA Contacting My Family! I thought that after any SOL was up, they were prohibited from calling or contacting you on their own? Unless the send you a letter in response to a validation rqst you send them, which I didn't!
Re: Re: CA Contacting My Family! You need to read up on "tolling". The SOL can be extended if you have moved out of state. Your original post says that the judgement is coming up on 3 years, that isn't past the SOL either. Gib
Re: Re: Re: CA Contacting My Family! The SOL for the original debt matters not. The debt was reduced to judgment, which technically is a new debt, with a different SOL.
Re: Re: Re: Re: CA Contacting My Family! My question still has not been answered why are they hopping this thing from court to court?????????????? Painesville Court in Feb 2000 Willoughby court in Oct 2001 It's already been to these 2 courts how many more courts can they sue in for the same debt? What court are they going to sue in next??????? Why don't they just file in every court in Ohio That way they should be able to get a default judgment in at least one of them. Another question : What happens if a judgment is rendered in 2 different courts for the very same debt?
Re: Re: Re: CA Contacting My Family! Since tonyd is 900 miles away from either of the 2 courts I question if either one of them has or had jurisdiction over the case. What happens if a default judgment is rendered from a court that does not have jurisdiction over the matter?
Re: Re: Re: Re: CA Contacting My Family! The first judgment was DISMISSED because the CA filed to prosecute. Probably never served properly. So they found the correct address, filed in a different court (apparently the jurisdiction where tonyd now lived) and there they actually OBTAINED a judgment. So the answer is, they can't file in any more courts. They have their judgment. It's just like you try to sue someone, they can't be located, you drop the suit (that's what DISMISSED means, except the court dropped it, not you). Then you find where they've moved, so you file in court there, and this time you prevail. End of case. End of argument. You can FILE as many places as you need to in order to locate a person. You can't PREVAIL in more than one. Once the case was dismissed, the action was effectively canceled.
Re: Re: Re: Re: CA Contacting My Family! Why don't they have jurisdiction over the matter? Where did he live when the event occurred? Where did he live when the case was filed?
Re: Re: Re: Re: Re: CA Contacting My Family! I lived in Ohio when the repo occured; I also still lived in Ohio when the 1st summons from the 1st court was sent but I was no longer at that address and knew nothing about it till recently; that judgment, incidentally shows on my EQ CR...only EQ though; I hvae recently sent for cert copies of the judgment to try to have that one removed because it was never valid; I then lived in TX (still here) when the 2nd summons was filed, in the 2nd court in Ohio and was supposedly served...I cannot remember signing for or knowing about this either; i think that may have been my roommate at the time that signed for it and it got lost or something. Some people are just plain forgetful! ...could the rental office of my apt building at that time have signed for it or must they go to the unit? Anyway, I am in the process of getting a cert copy of this one too for my records. My guess is that since they now had a correct address to "serve" me at, they picked the state with the longest SOL which out of TX and OH is OH--21 yrs on judgments.
Here is a thread that may be of help: http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&threadid=40228 Gib
WTG Gib! I was thinking about that thread when you posted it. I am wondering why they would wait 3 years to obtain judgement on the deficiency balance. Could it be that the OC sold the deficiency balance to the CA who then sued and obtained judegment for a debt that they passed off say as a written contract or something that has a long sol? You need to find out if the repo was carried out legally. Do you have all of your paperwork from this repo? You know, the doc's they sent you showing when/where your car was going to be sold. Do you have any doc's showing how much the car was sold for, etc.? You need to do some digging. I am thinking that it's possible to have this judgement vacated. Check into that too. Oh, and let us know what you find out.
Re: Re: CA Contacting My Family! I do not think I have that paperwork...don't know if I ever rcvd anything...it would have been like 5 yrs ago and at that time I probably could have cared less...but nonetheless, I don't recall much! And on what grounds can I have it vacated? One more question...is an auto loan a promissary note, or a written contract? Advice is appreciateds!
Re: Re: Re: CA Contacting My Family! You could have it vacated for improper service if you weren't served, or you could have it vacated if the repossessor didn't follow all the laws. Car loan is a promissory note I believe. Read here starting at pg. 82: http://www.clelaw.lib.oh.us/Public/Misc/analysisSB74-ps.pdf Gib
Re: Re: Re: CA Contacting My Family! Because, I think, notice, I think, that the OC or CA has 2 years to sue for the deficiency balance and that is IF they followed the rules. They obtained judgement on your deficiency balance 3 years after the deficiency was created. I wonder if they didn't lie about what they were sueing you for. Do you have a copy of the judgement? Were you properly served? If you don't have copies of this info, go to the court house and get copies of the file. Like all of the green cards that the CA got back when they had you served. This will show whether or not they got proper service. But do still send validation to the CA.
Re: Re: Re: Re: CA Contacting My Family! What I am unsure of is what type of debt would this SOL fall under? A written contract, promissory note or a deficiency balance? If it's a written contract, the CA has 15 yrs in Oh to collect on it. If it's a promissory note they have 6yrs to collect on it. If it's a deficiency balance...well I think it's 2yrs as well as you do, but I am still trying to verify this. So what would it fall under? I think that once an auto is repo'd, that particular loan agreement is voided. Not sure of the sigificance of this right now but I am thinking it means that the deficiency balance they are suing for was not filed legally! I have seen this info somewhere, and I am still checking.
