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Collection Agency, Court and Validation>.....THis is complicated. Help?


I had a collection agency obtain a illegal default judgement, by saying I was served when I wasn't (wrong address, never contacted me) Because they held a default judgement they refused to validate the debt or amount and would not dicuss the case. 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 "cannot" 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 why I filed the motion to vacate in the first place. They still "can't" validate the amount of debt. I will inform the judge its my debt, But the amount, & how they obtained this illegal default judgement was illegally done and should be dismissed. Correct??

The previous post is absolutely correct. The judge already provided you the appropriate remedy. The case will not be dismissed. Since you agree that you are liable, you may want to admit to liability, but dispute the damages. You may want to serve additional discovery requests, if you have confusion regarding how it got to $6,000.00. In any event, do you actually intend to pay off this judgment? If so, why not just submit a settlement offer? They will probably accept 4K. Otherwise, why does it matter?

No, it will not automatically be dismissed.

The default Judgment was set aside because the collection agency was not able to prove you were served proper notice.

It will be up to them to prove in Court that you owe the debt and document the accounting on how they arrived at the amount they are suing you for, it they cannot, they may likely be granted only the portion that they can prove you owe or by how much you can prove what you already have paid and what you agree you owe.

They can sue for attorney fees and expenses and it will likely be granted to them.

They may have included interest at a high rate, but refer back to the original contract to find out if there is any provisions for late fees or interest if late; if not, the Judge may grant them market rate interest, but not the 21%+ that some collections agencies will try to tack on.

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