Hi everyone, I havent been posting here for a while. I've been dealing with this Midland debt for a while and finally havent heard anything till today. A law firm in New York is handling this debt as I am in New York as well. Of course I never got any responses to validations requests but what else is new. They sent me a letter stating that a judgement was entered against me on Dec 5, 2003 and that they are commencing judgement proceedings immediately. This is all typed by the law firm/collector, there is no real authority stamp or notice anywhere. I never received a summons or any notification about a possible case filed. There is a UCS file # and an Index #. Not sure whose they are though. So what do you guys think?
You need to rcv a summons to appear in court, and if you don't appear then the CA can get a default judgment. Otherwise, they cannot have a judgment against you. You would have had to have been served properly though for your state. Is this CA attatched or associated to the OC? Because, I do believe that only the OC or a CA/attorney that is part of the OC or an assignee of the OC can actually sue you. It cannot be a bought debt I don't believe.
Re: Re: Interesting letter from collector Original CA is BOA. Then it went to Midland and now this law office is collecting on behalf of Midland. All I know that I have not gotten a summons and it is not like I am avoiding one or anything. So this letter sounds like a bunch of BS to me. I'm not even worried, they will never get a dime out of me for this type of crap.
Re: Re: Re: Interesting letter from collector I hear you, but I would still check out those case #'s at the local court. That way I'd know exactly where I stand when dealing with them
Re: Re: Re: Re: Interesting letter from collector Is there a way to do this online or do I have to call?
Re: Re: Re: Re: Re: Interesting letter from collector I found this site for NY Courts, I don't know if it will work with your info, but maybe you can see where to go from here... http://portal.courts.state.ny.us/pls/portal30/CMS_DEV.ATTORNEY_COURT_SCHEDULES.show
Re: Re: Re: Re: Re: Interesting letter from collector A CA which has PURCHASED an account can sue... This is what I think Midland does; so they purchase the entire account, and assume all of the legal rights of the OC. Of course, since they are still a CA, they still have the legal responsibilities of a CA. Also, the right to sue would also be able to be worked into the assignment agreement between the CA/OC.
Re: Re: Re: Interesting letter from collector Is this CA attatched or associated to the OC? Because, I do believe that only the OC or a CA/attorney that is part of the OC or an assignee of the OC can actually sue you. It cannot be a bought debt I don't believe. tonyd ================== ARE You Saying that if a CA owns the debt then they can't sue you for it?
Re: Re: Re: Interesting letter from collector Hi, Well somehow I got my account garnished, yet I cannot find this judgement. There is something really shady going on. I cannot reach this law office hired by Midland. The phone numbers on the letters do not work. The main number just transfers you to voicemails. I'm trying to find out how in the world did they ever find my account number. I was never summoned in the first place nor was I required to appear to disclose my place of employment and my banking information. I checked my reports just now and the judgement only appears on TransUnion. There is a docket # which is the one sent on the letters but when I look it up, it does not bring any info up. Something is wrong.
Re: Re: Re: Interesting letter from collector Well somehow I got my account garnished, yet I cannot find this judgement. Mecro I'm not even worried, they will never get a dime out of me for this type of crap. Mecro Famous last words.
Re: Re: Re: Re: Interesting letter from collector LOL well they got $493.00 out of me. But the problem is that I can't use that bank anymore. I serious money coming in next week so I have to quickly get another account. I am getting a lawyer for this though to vacate the judgement.
Re: Re: Re: Re: Interesting letter from collector There is an assumption going on here that the CAs feel the responsibility to PROPERLY notify defendants. That's a laugher. They have all kind of games around that, even just posting a notice in a newspaper in some cases. You've GOT to get the court information. If you can't find it on the web, call them directly. Getting a lawyer is a good idea. Interestingly, you may have them pretty good. If they failed to properly notify you BUT were able to advise you about the judgment, how is that possible? You gotta find out how the 'service' was accomplished.
Re: Re: Re: Re: Re: Interesting letter from collector Of course nobody tried to properly notify me, that much is obvious. In fact there has been no communication ever since I sent the estoppel letter. Then they start sending me off these judgement letters, like 5 of them. The phone number on these letter is not in service. I'm getting a lawyer to vacate this judgement for me next week.
