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Going to trial against collection agency....complicated !? |
I had a collection agency obtain a illegal default judgement, by saying I was served when I wasn't (wrong address, they never contacted me) Because they held a default judgement they refused to validate the debt or amount. I filed a Motion to Vacate. We went to court and the Judge agreed setting aside the default until trial. I filed a request for all documents they were going to bring to Court. NOW, they finally supplied enough documentation to validate. I feel comfortable saying It is my debt. But, in their filed response they still "can not" validate the amount or how it got to over 6,000.00 from 4,100.00. QUESTION/PROBLEM: The bottom line is they STILL obtained an illegal default judgement, which is which is why I filed the motion to vacate. They still can't validate the amount of debt. I will inform the judge its my debt, But The amount, and how they obtained this illegal default judgement was illegally done. Can I get that dismissed ? would consult a lawyer on this. Hi, |
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In my state they will take you to court before garnishment of wages. My suggestion is to go to court, most judges will look at your income and debt and set a payment that you can afford. Whereas ... When they call, ask for their supervisor, then let em know the facts, and that you will be contacting the FCC & a few other agencies if they call again... find out the name of the supervisor�... There is little that can be done at this point. What you have shared here inclines me to believe you have been the victim of a less than scrupulous collection agency. They have done nothing illeg... They are a legal corporate entity like any other business. They can be sued if you can prove wrongdoing and damages. Start with a good lawyer. ...Its legal to own them. Its illegal to present them as if you are an officer of whatever agency they are from Ta Da! ...The short answer is yes, you can sue for FDCPA violations even if you are not the debtor. See the answer in the credit section for more info. ...Try to work out a payment plan. You damaged the guys car, you're liable for his damages. Now, after 4 years, additional costs have ballooned the original total. If he sues you and wins ... Yes you need to get a copy of your credit report while this is still on there. It is defamation of character and you have a law suit against them. Do you have the records where you had it removed... |
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