On Friday, I checked on my investigation that I started with Experian regarding the CA that got a default judgment against me that I discussed earlier this month on this board. To my surprise, the CA (Colorado Capital Investments) deleted the account off of my Experian CR! What does that mean? Does that mean that they couldn't prove the debt? So if that happened, how can I go about getting the default judgment vacated? And how can I go about getting the money that was seized under that default? I have a court date of 7/23. Does anyone know whether that is when the CA's attorneys will return my money and the judgment vacated? Previously also, I was told on this board that I may be able to sue the bank for debiting my account of the funds. Since I never received a notice from the Marshal's office in my city (NYC) regarding the funds being seized, does anybody think that my bank (JP Morgan Chase) sent out the funds without the marshal's notice and sent me a bogus letter stating that they received a marshal's notice? What is so strange now is that Chase still sends me out bank statements but now only lists info on my savings which has a balance of $-8.80 and no info on the checking. The lien was placed against both accounts and funds were seized from both accounts so why is there all of sudden only info available on the savings? Shouldn't there not be any info available on both accounts? Thanks in advance for any help!
Most people just never ask for one. prafces =============== Especially those who never knew anything about a judgment till they find it on their CRs.! BTW I wouldn't call that PROPER SERVICE !!
There are so many issues involved here that the best advice is to probably address these questions with a collection attorney. But here are just a few thoughts. A CA removing information from a credit report will probably not be sufficient evidence to prove that a judgment was entered erroneously. What was actually removed from the credit report? Was it a public record line item referring to a judgment? There is no mechanism for a creditor to report a judgment to a credit reporting agency. The agencies pick these items up on their own from court records. As far as suing the bank, I think this might be tough. My experience has been that banks don't like to part with money--even when a garnishment order has been served on them. The bank will review the garnishment summons and look for reasons to deny it. I am not familiar with New York, but some states allow garnishments without the knowledge of the defendant. This is done so that the defendant is not able to quickly move or hide assets from a judgment creditor. But that doesn't mean that errors aren't made. Keep us posted on your outcome. The reason that I recommend speaking with an attorney is that if you are unfamiliar with the law or the court procedures, things can move very quickly and be over with before you know it. Your state may also have specific laws that bar the judge from hearing certain issues that you may have.
One other item--speaking with an attorney doesn't have to cost $$$. See if your state has a legal advisor to assist parties representing themselves in court. It's usually free.
How do I find out about legal advisors in my state? Should I check my state website? Or should I "google" it? I knew about the CA and the judgment, sort of. When I was first contacted about the debt, I sent a DV letter and the response I got was the default judgment about four months later. The CA claims that I was served in May and that I never responded which is a lie because I was never served. I was sent a letter in late June stated that they "unfortunately" couldn't reach me. Anyway, when I was in court in May regarding the judgment and it was brought to the attorney's attention that the funds were seized under a debt that was never verified, he became very nice and said that he would get the CA to give me proof that the debt was mine. If not, the funds would be returned. Regarding the bank, I just find it strange that it a Marshal's notice was sent to the bank, why didn't the Marshal send me a notice. I know of other people in the same situation that have received notices from the Marshals and when my bank received notice of the restraining order, they send me a copy of it, so why not also send me a copy of the Marshal's notice unless it is non-existant?
I forgot to answer a question. The item that was deleted from Experian was the actual debt that the CA said was assigned to them. Why would the CA have it deleted unless they couldn't prove the debt?
I am sorry you think the law regarding DJs is unfair. But do as I say and flip the situation and see how fair it is to the creditor if they have to suffer for a debtor or debtor's family members screw up. rocket1977 =============== How fair is it for this creditor to be relieved of his alleged suffering at the expense of an innocent defendant who owed the creditor nothing but was forced to pay it simply because the defendant never heard anything about a suite and as a result never had one chance in he** to defend himself??? Click here: CREDITNET | Straight Talk | | More questions regarding judgment
default judgments are the worst - you have no say in them. tardboy That's why they should be out lawed. THE END ** *** ** LB 59 """""""""```~~~```'"""""""""
I would like to pose the following example: 1*Assume you had your way, and you could only serve a person PERSONALLY. The only way to affect service would be to hand to the defendant himself. 2*Now assume a drunk driver slams his vehicle into yours, rendering you a quadriplegic. You have medical bills in excess of $1,000,000.00. However, this guy knowing he will get sued has his family answer the door and they always say he's not home. I would like to pose the following example: 1*Assume you had your way, and you could only serve a person PERSONALLY. The only way to affect service would be to hand to the defendant himself. 2*Now assume a drunk driver slams his vehicle into yours, rendering you a quadriplegic. You have medical bills in excess of $1,000,000.00. However, this guy knowing he will get sued has his family answer the door and they always say he's not home. Most states require you serve a person within 90-180 days of filing your lawsuit. If you do not SERVE within that time, your cases will be lost. SOL is gone, and you are SOL (Not statute of limitations). Is that fair? Before you respond, please remember we are assuming you can only serve the defendant PERSONALLY - (i.e. -- no spouse, secretary, court appointed attorneys allowed). 3*See why we have alternate forms of service? rocket1977 ================= 1* That's not my way and I never said it was. 2* This has nothing to do with the issue I brought up. 3*I see that but it's not about the issue I'm addressing.
What is everybody talking about? I'm confused. Improper service is not a defense in my case because the CA supposedly served me in May 2002. My thing is getting the judgment off of my Experian and Trans Union CRs. It was never listed on my Equifax CR. I do believe that I can get that judgment vacated but how will I get my money back? Or would it be applied to the other judgment they got against me?
1*If its the household member's fault -- sue them 2*The creditor should not pay for the wife/husband/son/daughter's fault! 3*And you want to talk about fairness. I think what you mean to say is whatever helps me. rocket1977 ============== 1*Yeah the perfect solution. 2*The unaware defendant should not pay for this fluke in the law either. What's wrong with fixing the law? 3*No I am talking about right and wrong.
