Order to Show Cause Signed - now what??
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Posted by GettinHip2it (126.96.36.199) on May 20, 2004 at 00:02:06:
Hey all, I need your help:
DH had a Crap 1 account (DOLA 6/97) that was "assigned" to First Resolution. 1st Res obtained a default judgment in 2003 because we never recieved summons. Didn't find out about them until they froze DH's bank account. When DH called the attorney (Mullooley, Rooney, Jeffery & Flynn) the rep-who led DH to beleive he was an attorney- told him that he had no recourse in the matter, and would hold his bank account until he agreed to pay. DH signed an agreement and entered into a pyament arrangment over the past year.
I pulled my CRs in March and noticed that the judgement was on MY CR as well - I was only an AU! Anyway, I contacted 1st Res and their attorneys who refused to vacate the judgment against me. Upon closer inspection, I came to learn that 1st Resolution has re-aged the debt on my CRs to 6/98, not 6/97 which is the DOLA with Crap 1!
It started to smell funny, so my DH sent the attorneys a letter requesting an update of remaining balance. The rep called him back and practically beat him up with questions about what (his wife's) "intentions were toward (his) client" and demanded to know why all of a sudden my DH was "disputing the debt." DH stated that all he wanted was a balance update, and that the rep should direct his questions to me directly.
The rep never contacted me, but the next day sent an income execution form to the Marshal's office. They sent us a copy, but according to the court, no such document was filed and signed off on, other than the judgment.
The next day (yesterday,) we filed an order to show cause and it was signed by a judge. What should we do next? I have them on 3 FDCPA and 2 FCRA violations, but wasn't sure how to proceed, should we file suit as well? If so, is there a sample I can look at?
We're in NY and the debt was for 2700 - about 1100 is left outstanding.
Crap 1 has aged off the CRs, but 1st Res is still showing.
I'm REALLY worried about this. I'm so pissed I could scream. Please help - thanks a million!
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