Re: Judgment question for whycat

Posted by collectors suck (141.154.71.223) on May 31, 2004 at 16:45:20:

In Reply to: Judgment question for whycat posted by CollectorsSuck on May 31, 2004 at 15:01:06:

that's exactly what im saying..

im going to be more specific.

on the capitol one credit card which is waaaay out of statute.

i told the judge that its not my debt. he actually asked me to prove it.. when the burden of proof is on the debt collector.

i told him i didnt recognize the debt and asked the debt collector to validate and the debt collector responded with this lawsuit

i said that it didnt appear on my credit report a year prior to my request for my report in 2002. in which the SOL ran out.

he told me to suck it up accept responsibilty and just dont sell your house.

the other credit account is for SEARS. a judgement was obtained in 1998 that i was not served becuz i moved to where i am now. i found out by the same collector who representing a client for capitol one.

they tried to go the district court where i live and get a judgement. the judge told him if there is already one he cant give another. so the collector went back to original court and used the judgment without a court appearance . next thing you know im getting a letter from the county sheriff trying to seize my property.

what happened is sears ended up selling the debt to sherman. sherman hired the collection ATTORNY. so i guess when sherman purchased the debt he purchsed the judgement as well.

the other judgment was for a bank that has been bought out by five banks. they sent me a letter that appeared as if they had got a judgement when the actually didn't. it has docket numbers etc. but not court date. next thing you know i get a notice from the sheriff for seizure of property..

this is crazy! i dont understand the system up here. no one knows anything. with this patriot act how can you enter a judgment without first making sure that the person you are alleging owes the debt is in fact the right person. none of these cases have validation records in the court files. NONE! and what makes it worst is that all the collectors are LAWYERS. who are bonded by mass bar. they know the law. but their intentionally ignoring it because they know they wont secure the judgments for their clients.

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