I know this is an ignorant question, but I hope someone will please answer me. Bear with me because I am learning. I did a search and maybe I'm just real tired, but I couldn't find an answer. My ignorant question is: When a CA files a judgment against you, will is show as collections or public records on your credit report????? The reason I ask is this: I am having a time with Asset Acceptance. I received a letter from them and immediately sent a DV letter to them and got my green card back. Well, in the mean time, they delete their file from TU and add an additional Blair neg TL for me. That makes two. Also, I get a credit alert from CE under public records saying that Asset filed on 6/17/04. I never received any validation from them, any court papers, nothing..........According to my green card, they received my letter on 7/14/04 so their 30 days is not up. I didn't receive their collection letter until July 10. So this file date was before I was notified of collection. In addition, this debt is time-barred in FL. It's from 2000 and it's been over 4 years. Can anybody answer my question and offer so very warranted advice?????????? I would be so grateful.
Re: learning question Mine showed up as a judgment. Not sure how to advise you but hopefully someone will pop in and help out.
Re: learning question Hi, Shanyl, Thanks for answering. Did you get any court papers and does it show under public records? Because I didn't get any court papers and it's not showing under public records on my report, only on my credit alert. Anyways, I have another question. If you have a the OC on your report as a chargeoff and the CA for the OC on your report as collections and you pay for deletion from the CA, how do you get the OC off your report? Am I making any sense because I think I'm confusing myself!!!!!! As always, so grateful for any advice!
Re: learning question Yes I received court papers and it does show under my public record section. As to your other question, yes it makes sense. Unfortunately I'm not certain of the answer but maybe someone else will see this and know.
Hello, First, if you have been served with the court docs you only have 20 days from the date of service to respond to the complaint; if you don't, you'll be in default and they'll have no problem obtaining a judgment. In your response, you may wish to include a "Motion to Dismiss" here you will state why the suit should be dismissed (with prejudice). In your case, the Fl SOL has ran and expired and the CA and Att/D.C are attempting to collect a Time barred debt and the attempted collection maybe in violation of the Federal Fair Debt Collections Practices Act. 808. Unfair practices [15 USC 1692f] A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: (1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. (emphasis on: permitted by law) Please note I said MAYBE in violation. the judge will have to decide whether its a violation or not. You may also want to list the FL SOL statue in your response along with the date it expired on. You may also want to list in your response the fact that you sent a dispute letter and that the CA, Att/DC failed to respond with verification/validation of the debt and their failure/refusal to respond is a violation of sub-section 809 of the FDCPA. You may also wish to contact the Federal Trade Commission and talk with them about the CA. They maybe able to provide you with additional information about the CA and its practices. that you can use. But the best advise I can give is to sit down and talk to a competent Att.
Hi, Thanks for the responses & the great advice. I haven't received any court papers. Just got the credit alert from Credit Expert saying Asset had filed on June 17th. IF they have filed, why haven't I gotten any court papers? Where can I call to see if anything has been filed against me? The local courthouse, maybe? Hmmmmmm. The credit alert says they filed on June 17th. I get a collection notice from them after that date. I have sent for validation, got my green card back, no response from them. This just seems really messed up, ya know? Seems there is more than one violation on this. Anyone else think so?
Call the clerks office or some circuit clerk offices are online and you can search the civil database over the internet. If it does show up (having been filed, but not served) I recommend you start getting your response ready, so when your served, your prepared and won't be under the gun trying to find the information you need. If they filed in small claims, check with the clerks office to see if it has been set for a hearing or if there has already been a hearing. In small claims court, the court relies on the moving party (the plaintiff) to render service of process. Simply put. The Att/D.C. files an affidavit with the court stating you where notified of the filing and hearing or that they attempted to notify you of the hearing.The court trust them to be honest. The saving grace here is, most of these statements will claim that the notice was sent through certified US Mail. If this is the case you can go to your local post office and enlist their help in determining if you received certified mail from the Att/D.C.'s address or at least from a post office that services the area in which the Att/D.C. business is located. If you are correct about the filing date, you may only have a few days left to file your response. If you discover a hearing has been set within the next day or two, you may want to file a continuance and proceed from there. You may also want to go the clerks office anyway and ask them for a self help packet. These packets are usually filled with a lot of valuable information, especially procedural information and any special rules regarding your circuit. Double check your information and make sure it's correct. There's nothing worse than standing in front of the judge and discovering you confused one fact with another. Here's the link to the Online version of the 2004 Fl Rules of Civil Procedure. You'll also need to quote the proper rule governing dismissals for your motion for dismissal. http://www.flabar.org/TFB/TFBResources.nsf/Attachments/10C69DF6FF15185085256B29004BF823/$FILE/04civilprocedure.pdf?OpenElement Hope this helps
HI, Prosub, I really appreciate your help. I went to myfloridacounty.com and did a search and there was nothing under my name but the deed for my land. How would you take this?
I'ld still check with the clerks office. I am not sure how your circuit has set up its site, with ours there the civil database and the records database, you may want to check both. Some times a filing will not show up in the records database until after final disposition of the case. but it will showup in the "Civil" database. If you still find nothing and the clerk advises you that nothing has been filed, continue with the validation process like you normally would (check out the example letters here, great resource material). After Completing the validation process with Att/D.C and if they persist, you may want to file a formal complaint with FTC and Att Gen Office against the Att/D.C. And last, but not least, sit down and talk with compentent Att about filing a lawsuit against the Att/D.C.. Keep in mind that this is going to take time to straighten out and Att/D.C. will usually push things to the very edge before backing off and trying to slither away un noticed.
Prosub, Thanks so much for all your advice. I called the clerk's office this morning and she had nothing. I had her check all of Florida's database and nothing. So I don't know what's going on and why I got the credit alert. I am just grateful that it's not resorting to court. Now, I'm just going to play out the validation thing with Asset. Thanks again. You've been a blessing.
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???? What's your post about, lb? If they really haven't filed against you but put a notice on your credit report that they did, that would be a violation. Can you contact the service you got the alert from and see if it says where it was filed?
Re: Re: learning question mommyof3 There have been a number of recent reports of credit alerts, reporting collection accounts as being new public records. The only thing that I can think of is that somehow the credit report format changed in a way that the credit alert isn't designed to compensate for, yet. Keep in mind that from now until December, the credit report formats will probably be in a state of flux, as they are trying to ramp up to 'compliance' *cough* *cough* *cough* with FACTA's new guide lines. Every time the CRA's make a change to their format, the credit monitoring sites more than likely need to make some re-calibration of their data templates to compensate for the changes.
Re: Re: learning question That makes a lot of sense. Thanks. I'm learning so much. I appreciate everyone being so helpful.
