Re: Help please....judgement, valid This business about the changed account number concerns me -- even if you could get a copy of your closing statement from when you sold the house, it is probably going to show the old account number, not the one they are trying to collect on. I was grasping at straws trying to think what you could do, and I thought that maybe if you still had a copy of your divorce papers, they might help establish that the account was paid off when the house was sold. Except that your divorce papers probably show the old account number as well. This might look like a totally different account from any that you had while you were married, and how are you going to prove that they are one and the same? I am sorry, but I am at a complete loss here as to any other suggestions or help. All I can do now is wish you luck, and hope like hell that somebody else can come up with something good.
Re: Help please....judgement, valid If you didnt live there than that would mean that you arent room mates. You need an attorney more than likely and the problem is that it will cost $$$
Re: Help please....judgement, valid I questioned that too. 1*If that's the case looks like it's up to the CA tp prove the fradulant account is real. You can't prove payment of a fraudlant account. 2*It would prove it. 3*She don't have to prove they are one and the same.The CA has to prove that there is an additional account !
Re: Help please....judgement, valid 1* How is it that I don't have to prove anything? The court clerk said that if I don't prove that it was paid off, then I'm responsible to prove that it was originally paid in full Ma-Bear 911 ~~~~~~~~~~~~~~~~~~~~~ The statute of limitationsâ?¦ 'afford[CAs]what the legislature deems a reasonable time to present their claims,' while at the same time 'protecting [Debtors] and the courts from having to deal with cases in which the search for truth may be seriously impaired by the loss of evidence, whether by death or disappearance of witnesses, fading memories, disappearance of documents, or otherwise.' 1*Isn't the search for truth in your case seriously impaired by the loss of evidence due to the disappearance of documents, I E the items showing the OC was paid in full? This is precisely why your state has a 6 Yr. S O L .It protects you from the consequences of such losses ~~~~~~~~~~~~~~~~~~~ LB 59
Re: Help please....judgement, valid 2*All of it if in your name only or half if the account is a joint account. 3*Do you have a copy of this to prove it was paid?
Re: Help please....judgement, valid The problem here is that they already have a judgement against her. I am thinking that the burden of proof might fall on her to show that the original account was paid off, and that there never actually was an account with this new account number. But then, I am not a lawyer, so what do I know? Unless, of course, she can get the judgement vacated on the grounds that she was never served. But then what happens? Does the original SOL come into play, or can they still go back to court and try for another judgement?
Re: Help please....judgement, valid 1*The problem here is that they already have a judgment against her. 2* I am thinking that the burden of proof might fall on her to show that the original account was paid off, 3*and that there never actually was an account with this new account number. But then, I am not a lawyer, so what do I know? ANOTHER THING The CA says they can't prove the original debt. So why should she be required to prove she paid a debt the CA admits they can't even prove exist? 4*Unless, of course, she can get the judgment vacated on the grounds that she was never served. But then what happens? Does the original SOL come into play, or can they still go back to court and try for another judgment? herauntsis 1*There does seem to be a conflict between the Sol law and the law of judgments. 2*perhaps if the debt was still within SOL.However since it is well past SOL that may be a different matter. 3*You can't prove a negative 4* Not only is there the issue of proper service, but what about the matter of it being a faulty judgment? Any body know of any way to get a defective judgment over turned? LB 59 _____________________
Re: Help please....judgement, valid LB 59 and herauntsis, Thank you both so much for continuing to help! I'm not sure if I can clear any of this up, but here goes. 1. I told the attorney that I would provide the divorce decree to prove that it was by court order that all debts be paid off. Everything was listed in order of payoff and that it had to go through the title company. He will not accept anything other than the front and back copies of the check payable to Monkey Wards. 2. There are no lawyers here that will even take the case, their only recourse given is to file bankruptcy, which I will not do. 3 of them have told me just to bite the bullet and pay this off. And all of them have told me to produce the check. 3. I also think it is the lawyers and OC's problem to produce evidence that I indeed owe this debt. I would love if someone could tell me for sure that I can request validation and that it might at least put this on hold for a bit to let me get some ducks in a row. 4. Does anyone think that : A: I can use a letter, notorized, from a family friend, who was involved in all this, she is higher up in the title company and had some dealings with the payout, to take to the judge as proof? B: I am still friendly with the realtor who sold this house for us, in fact, she was listed as part of the payoff for the divorce, in the same listings as all the other creditors, she re-carpeted the house and was paid off from the title company with all the other creditors? I can get a listing from the decree to all the creditors and get affidavits from all of them, as to they were all paid off. Would this help? C: I was living with other people at the time that they supposedly made "good service" on me. Would it help to get notorized statements from them? D: Should I take myself off of our personal and business bank accounts for awhile to protect us from garnishing my husbands pay check? Any ideas might straighten some of this out for me. Thanks so much everyone. If I have confused anyone anymore, I apologize, all this information is extremely valuable to me and I am thankful from the bottom of my heart for all of your help.
Re: Help please....judgement, valid By the way, I will be going to the courthouse today to see what the orginal judgement says. They won't have the file until this afternoon. Would it be to bad of me to hope that somehow an inefficient clerk lost it somewhere?
Re: Help please....judgement, valid Correct me if I am wrong, but isn't Montgomery Wards credit accounts issued by Monogram Credit Card of Georgia. If this is the case, Monogram is still operating and may have information on the debt paid off.
Re: Help please....judgement, valid my2sentz Good lead thanks .She should check this out. It may be the answer.
Re: Help please....judgement, valid All, I finally got the copy of the judgement. The judge signed one copy (ex parte default judgement) dated 5/3/95. The rest of the papers were dated in 5/3/96. The only proof they had to get the judgement was a statement by a Litigation claims representative that states: 1. I am acting in the capacity of Litigation Claims Representative in the CE Capital Credit Services office of (GE Capital) and in performing recovery services for Montgomery Ward & C.. I am familiar with the manner and method by which GE Capital maintains its normal business books and records of its accounts. Further, GE Capital Credit Services is the duly authorized custodian of the business records of all Mont. Wards accounts. 2. In the normal course of business, GE Capital Credit Services maintains computerized account records for account holders who have delinquent credit accounts. GE Capital maintains such records in the ordinary and routine course of business and is charged with the duty to accurately record any business act, condition or event onto the computer record maintained for the accounts, with the entries made at or very near the time of any such occurrence. I have reviewed the applicable computer record as it relates to the account holder's credit account, and I make this declaration based upon information from that review. 3. Under oath, I am authorized to make this affidavit for Montgomery Ward and I am informed and believe the above statements to be true and correct. Signed and notorized. This and a high-lighted copy of Wards policies (nothing signed by me, no copies of bills or statements) was how they got a judgement on me for $676, plus attorneys and court costs and 18% interest. Sorry this is so long, any help more thoughts would be so helpful. Thanks to everyone.
Re: Help please....judgement, valid Here's the problem you have. The judgment truely exist. In most venues, in case of a default judgment, you have to at least show a minimal amount of evidence. That looks pretty minimal. But, does that meet the requirements in Orego?. Also, the time frame. 7 years is a long time, Many states have a 1 or 2 year time period in which a judgment can be challeneged. And finally, did the process and service meet the requirements of the law? I dunno, to get it overturned, you'll spend $500 or more on a lawyer. Unless you can find a check made payable to Montgomery Ward's, you may have to eat this one.
Re: Help please....judgement, valid CAMCO is the big topic on cardreport.com Watch out, they are filing suits, using old addresses for service, and getting default judgments. ~~~~~~~~~~~~~~~~ ************************* ``````````````````````````````````````````` COULD this be what happened to you with this CA? LB 59
Re: Help please....judgement, valid If the old account number was paid on, and MW established a new account number, wouldn't they need to show that either (a) he applied for credit at the time they established the new account number, or (b) he applied for credit for the older account? They can't prove (a) because he didn't do (a). Proving (b) would only force them to acknowledge the old account number to which payment was applied. Re service, if the ex-roommate stated that he "was" the roommate, that's a vague verb tense. You could argue that he "was" your roommate at one point in time, but that he was not your roommate at the time that the roommate was given papers. If someone asks you "Are you Joe Schmoe's roommate?" and you say "I was." this is distinctly different from saying "I am." But the server could say "He said he *was* Joe Schmoe's roommate." It would be a true statement in absolute terms, but not for the specific purpose of service. Can he prove where he lived at what time? -ingenue
Re: How about the bank? They don't have any records, this is a new (2 yrs.) checking account. Thanks though, good idea.
Re: Help please....judgement, valid Sorry, not quite sure how to use all this yet. My responses are starred.
Re: Help please....judgement, valid Keepmine, Sorry if I seemed short in the last answer, I just didn't know how to answer, besides thanks for your imput. I can still have this vacated according to the law clerk. I'm not sure on where to find what evidence that they need. I will be calling the local law library. Supposedly the process met with the reqs. of the law, but not to the point that I didn't live at that residence. At this point, I would spend the $500, it's a lot cheaper than the $2800, plus that they want with the 18% interest thats been tacked on to all the other costs. Again, thank you for your help.
