Re: Re: Re: Re: CA Contacting My Family! --bump--- ANYONE KNOW THE ANSWER TO THIS? I am trting like gang busters to locate all the info, but having a hard time. Any help is appriciated!
Re: Re: Re: Re: Re: CA Contacting My Family! I am going to question something else... We know that there was a 1st judgment filed that was not served to me because I had moved. From my calculations, the car was repo'd in Apr 1998 and that 1st judgment (for the deficiency balance) would have been filed in court in Feb 2000, just inside of 2yrs from the repo. HOWEVER that judgment was dimissed because I was never served it. The 2nd judgment was filed in Oct 2001, outside 2 years from the repo. That one I apparently was served but that's another story. So, a few questions: 1-I am assuming I need to know the sale date of the car to find the timeline from then to the judgment filing?... 2-I am also the 1st judgment filing (dismissed) I was never served does not come into play here? 3-Using the 2nd (the valid one), the timeline would put it past the 2yr SOL for suing for a deficiency balance becuase it was filed in Oct 2000 (at least that's the date my CR says. I am getting certified copies of these, FYI. 4-BUT, by law the 1st one was dismissed for failure to prosecute but w/o prejudice, which I am told allows for a re-filing, so does that in fact "reactivate" the original date, allowing the date to be w/i the 2yr SOL? Confused yet? I am but I am beginning to understand things with a little patience! Any knowlege fromya'll is appreciated.
Re: Re: Re: Re: Re: CA Contacting My Family! 3-Using the 2nd (the valid one), the timeline would put it past the 2yr SOL for suing for a deficiency balance becuase it was filed in Oct 2000 (at least that's the date my CR says. 4-BUT, by law the 1st one was dismissed for failure to prosecute but w/o prejudice, which I am told allows for a re-filing, so does that in fact "reactivate" the original date, allowing the date to be w/i the 2yr SOL? tonyd ================ """"""""""""" 4*I would think they would have to re-file within the original 2 year dead line. Why should they get a sol extension simply because they screwed up on the first case? THE END ** *** ** LB 59 """"```--~~~~~~~~~--```'""'''
Dismissed Civil Case On CR..... At the beginning of this thread I explained what the situation is. I changed the subject line to reflect what the actual meat of the thread is about. In the below quote, the 1st judgment was dismissed as it states. [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.] Since they filed until they found me (actually the green card signature illedgable and is surley not mine!) the 1st filing was dismissed. I am unsure as to why it actually would even have had to be dismissed if there was no judgment? Why would it go to court if no summons was served? My question here is: On my EQ only, it says "Dismissal of Court Suit". --Any thoughts or experiences here as why this made it to my EQ report? --Why did it if there actually was no judgment obtained? --Not even a default judgment...has anyone ever had a suit on their CR other than a judgment? --Is this legal? In need of help here. ---------------------------------------------------------
Dismissed Civil Case On CR..... --Not even a default judgment.. 1*.has anyone ever had a suit on their CR other than a judgment? ... tonyd== ============== -----1 -* I have and worse yet I was the plaintiff.
Dismissed Civil Case On CR..... I am certainly not an expert here, but just because they got the 1st case dismissed w/o prejudice, meaning that they can refile on this case, that shouldn't stop the sol from running out. You need to find concrete evidence on what the sol for repo's is in OH. I live in Ohio, but I don't know what this is. Ohio's statutes run one in circles. It seems to have been written by people on LSD. Anyway, when the repo happened that made the contract(meaning the car loan) void. The only thing you need to worry about is the SOL on deficiency balances in OH. THAT is what you need documetary evidence on. If in fact, the sol for the deficiency balance if two years, I would look at have the judgement vacated. I would seek the advice of an attorney. He/She will probably charge you for this, but it would be well worth it, IMHO. BUT, before seeking the advice of the attorney, I would have all of my documentation ready, and any legal issues that you would like to question ready at their disposal so that it will cost you the least amount of money. Sorry I can't give better advice, I would if I could, but I just don't know. You are definitely in a pickle! Please keep us posted and if I find out anything I will definitely post it!
Dismissed Civil Case On CR..... I think that the CA that filed the judgment, (the one I supposedly rcvd that resulted in a default)..I think this CA has snooped on me via my CR! What exactly would be the permissable purpose here if in fact it was them? The name on my CR is initials, which match EXACTLY the name of the company! They got the default judgment in Jan 2001 and I have not made any effort to contact them nor them contact I (until about 2 wks ago when they called a family member of mine)...but so fare they have not called me...what would be a lagitmate permissible purpose?
Re: Dismissed Civil Case On CR..... (A) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer; or Gib
Re: Re: Dismissed Civil Case On CR..... That's what I read in the FCRA, and that's fine and dandy if they don't have information on me. HOWEVER, they did B4, do now and will in the future have info on me. AND, it's a judgment as listed on my report; the account information itself in question has never, ever been on any of my CR's. So what information would they need in regards to a "collection of an account", as stated as a permissable purpose in the FCRA?
Re: Re: Re: Dismissed Civil Case On CR..... Verifying your current address, or possibly seeing if there are signs that your financial status has changed and they may want to attempt collection of the judgment.
Judgment Collector, CA? A few updates... I have discovered that the judgment collector, I am going to assume at this point they are a CA; they do not have a bond to collect debts in TX. Is this rule ever mandated? and would it hold true for judgments? I have also discovered the max interest on judgments in OH (where it was issued) is 10%. These folks listed as 24.99% on the judgment papers. Anyone know if this is allowed? I am discovering that if they are suing for breach of a written contract, they can use a ridiculous interest rate but for a deficiency judgment in OH it must not go over 10%. It's unclear what exactly the judgment amount is actually for. I am hesitating contacting these folks for the time being, but when a car is repo'd the contract is void so they cannot sue for that, however an old letter I found sent to me about 1 year AFTER the repo states mumbo jumbo, but regards the debt as "loan", not a deficiency balance. It goes on to state that they "hereby delcare the "loan" in default and make demand for the full amount" yadda yadda yadda. They go on to say that failure to pay blah blah...."we will use all legal remedies available under the note." WHAT NOTE?!?!? WHAT LOAN?!?!? It was voided when the car was repo'd!! I see several inconsistencies here, but another set of eyes please tell me, can they demand payment on a loan if the loan was voided by the repo? I can remember getting a call shortly after the repo from the OC, I think telling me they were sending a letter regarding the auction and such, and to look in the paper for the public notice and all that jazz so since then I had thought it was auctioned. I think I threw everything else out cause I thought: repo'd, over with! DOH!!! I also just realized that the OC tradeline for the original auto loan is not listed on any of my CR's. It's B4 the 7 year limit, so what would be the reason? The car was repo'd. Not even a negative listing; I should consider myself lucky, but it's unclear why. I am still doing some digging; just wanted some feedback. I am going to a lawyer in the next week or so. I just want all my ducks in a row!
