We have just recently found out that a judgement was issued regarding a deliquent account that was supposedly set up in 1987. We never had an account with this company and were never served papers regarding any of this until our bank contacted us stating that the sheriff was serving the bank 10 days notice to pay from our account. Does anyone know if we have any recourse based on their experiences? We are probably going to have to call an attorney, but it's for $2500 and I'm sure an attorney will charge at least that and more! Thanks for any help!
you need to go to the court and get the paper work concerning this judgment. Since you were never served, you probably can have it vacated
Just picked it up today. They are saying that they served. We have never received anything from them until now. It's kindof a their word against our word. I think we are screwed.
Was the service valid? If you didn't get served who did? You need to let a lawyer at least look over the paperwaork for obvious errors
They say that they served our address and served me at 7:00 in the morning Jan of 04. Looks like they have all the paperwork in order, they say they sent us copies of everything but we haven't received anything.
Who sued? The original creditor, or someone who bought the debt from them? What type of account was this originally?
Account deliquent says in the past 4 years, that's it, no date. And it was issued by an attorney for the collection agency, not the original creditor.
Did it say who the original creditor was? Any indication whether the CA had bought the debt, or sued for the OC?
Looks like it was Household Bank originally, then Sherman Acquisitions then Alegis. BTW, thanks for your help!
Says it was a credit card account. The attorney is in Concord Calif (Northern Calif) I'm in Southern Calif. server was some legal assistance firm in L.A.
Also states in the paperwork that original contract and paperwork for the opening of the account is not available and was sent to the defendent (us)
Do your credit reports show any activity related to this alleged account? Any inquiries from Household for account review, any tradeline posted by Household with payment history, any collection inquiries by Household, Sherman, or Alegis, any collection tradeline posted by any of the above?
Why would the original paperwork be sent to the debtor? If this was a legitimate Household account that Household considered to have been yours, based on your name and address or SSN, then a Household tradeline should show up on one of your credit reports. Even if this was an identity theft case of someone using your identity to obtain credit, a Household tradeline would show up. Particularly if it went delinquent in the last 4 years. Sherman has a pattern of attempting to collect from "debtors" with similar names to debts they have bought past SOL. They also have a pattern of asserting various claims that they may have little documentation to back up. Their claim that delinquency is in the last 4 years is to assert that debt is within the SOL to sue, but conveniently there is no documentation. Have you contacted Household to inquire if they ever had an account under your name and SSN and address?
Interesting. Haven't contacted Household yet, we just found out about this today and went to the courthouse to pick up the paperwork. Will contact them tomorrow and see what they have to say.
You can pull your credit reports from each of the 3 CRAs on-line. If Household thought this was your account when they opened it, there should be their tradeline on your reports, monthly inquiries for account reviews, monthly payment history, and a charge-off noted. You should also find inquiries from Sherman when they bought it. Is there any possibility papers were served to a "guest" or irresponsible relative living with you at the time they claim they served you? Or is it certain they could never have served you or anyone at your address?
When it showed up in Dec. 03, did it show up as a Household tradeline, perhaps charged off, or as a Sherman or Alegis collection tradeline? Does it show any payment history?
