Hello everyone, I have a collection company trying to place a judgment on me. I have never delt with this company and have recived a summons to appear. My question is if they are a collection company who bought a old account over three years old and are only representing themselves (not any company that I have ever delt with), is it possible for them to place a judgement on me? At no time have I had any dealing with them and in the complaint there in NO mention of any company that I have ever delt with. thanks any thoughts on this matter would be welcome. Oh and does it matter that this summons was not given to me but given to my wife? should I try to have them validate this claim? The date is one mont away. Haz
I was in a similar situation. Did the summons have the debt collector mini-miranda warning on it? What I did was sent a DV letter certified mail return receipt requested and filed a copy with the court clerk and also filed an entry of appearance as a pro se litigant. that will buy some time cause all collection must cease until they validate the debt. Be sure to ask for the assignment or assignments. What I did in my case was filed a motion to dismiss on the grounds "failure to state a claim for which relief could be granted". I went to court and argued the assignment issue knowing that they would not be able to prove it (debt was purchased and then re-sold). Judge gave them 30 days to prove up their claim and within 3 weeks I got their dismissal. My state Oklahoma has a notice of assignment in our consumer credit code statutes similar to the UCC Article 9 Sec. 404-406. You might look in your states statutes, I bet there is one. Basically when your account is assigned to another they are supposed to notify you and upon your request provide "reasonable proof" in a seasonable time frame of the assignment. Assignments are becoming or are discoverable in FDCPA cases. Don't let them get a default judgement on you. Chances are they can't track the assignment all the way back and if by chance they did , I would question the accuracy of the records after being passed around so much. I'm no expert in this , I'm going by real recent experience. Post more info if possible. Good luck.
