My friend was served with court papers, was being sued by a cc company. The account is not his, thus he asked for validation in his answer to the court summons. Its been over a year and he has not been contacted with a court date. To make matters worse, this is on his report. He has called the cc company and the contact listed on the court papers, no one will take or return his calls. What should he do?
He should imeediately check with the Clerk of the Court to see if the creditor snuck a default judgement in. If no, the creditor obviously dropped it. If so, he better file a Motion to Vacate because he was never notified of a trial date.
If the creditor dropped it, how can we get it off his reports using that as a defense, or can we? (being that they will not communicate with him)
Once a CA realizes that a debt is not valid, they have 5 days to issue a deletion order. http://www.ftc.gov/os/2000/08/performconsent.htm UNITED STATES OF AMERICA v. PERFORMANCE CAPITAL MANAGEMENT, INC (A collection agency) In any situation where the defendant either knows that no original records exist, or is informed by the original creditor that no records exist, the defendant shall, within five business days after receiving the consumer dispute, notify all consumer reporting agencies to which the information has been provided that the information is to be deleted from the file of the consumer who has disputed the account;
3*To make matters worse, this is on his report. 2*The account is not his. 1*To make matters worse, this is on his report. [color==red]QUEEN_BEE[/color] ================= 3*I or all 3? 2*How do you know it's not? 1*listed as what? The END ************************* LB 59
see if the creditor snuck a default judgement in. If no, the creditor obviously dropped it. If so, he better file a Motion to Vacate because he was never notified of a trial date. Flyingifr If the creditor dropped the case what judgment would there be to Vacate?
