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Re: Judgment question for whychat


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Posted by collectorssuck (141.154.71.223) on May 31, 2004 at 17:17:16:

In Reply to: Re: Judgment question for whychat posted by Why Chat on May 31, 2004 at 16:02:25:

there are currently 3 judgments on record

all of them obtained while violating the fdcpa

the first judgment was in 1998 by sears. i wasn't served for this case. because I just bought my house to where i live now.

i just found out that a collection attorney who obtained a judgment for another one of the judgments on record has been hired by SHERMAN. Sherman has purchased the debt in question from sears. and since they purchased the debt they purchased the judgment as well. which is what i was told.

the company sherman hired tried to get the judgment from a court where i live now but was denied because there was a existing judgment in the court who originally granted the judgment.

so the collection attorney went back the original court and found the docket numbers and submitted the judgment to the county sheriff;s office who notified me that they are seizing my property.

the other judgement from another collection attorney is represent a company in maryland. they sent me a letter that appeared to me that they had already obtained a judgement. it had docket numbers and all. but no court date. and no serving.

next thing i know i receive a letter of judgment by default. and the sheriff's letter to seize my property. no letter was sent to me to dispute such debt. i have never had credit with bank they are alleging is my debt.

the last judgment was handled by the same collection attorney who handled the first case mention. they went to court in this case i was served properly. but the judge was an old judge and new nothing about collection laws. he tried to get me to prove the debt wasnt mine when he should have known that the burden of proof is on the debt collector. he forced me to accept the debt even though its NOT MINE!

In fact the same bank that they allege i owe 6000.00. extented credit to me in 2001. if i had owed them 6000. they would have not extended me credit. it seems as if i have to send these collectors back into court and request a motion to vacate. so i can get them to validate, and hopefully to get the judge to overturn the judgments because the debt is out of SOL. and cite the attorneys for misconduct. they knew those accounts are out of SOL. they know that by both state and federal law they have to validate. but they didnt and the judge didnt require them to.




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