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Can a CA be used as the OC

Established Member

Can a CA be used as the OC

I tried to look through the post to see if there was anything similar to this but I didn't find very much info. I'm helping my sister with this so hopefully I have all the necessary information she lives in the State of Washington.

 

My sister got served papers at her work from a CA, she sent back the information to the courts that they were requesting. She called the CA and asked who they were and what this what for,  as she had no idea. The lady said she wasn't even sure who exactly the OC was. She mentioned about a Washington Mutual CC but their accounts were bought out by CITI bank. But that she was not certain exactly and my sister told her I don't recall having that account. She said somebody had made a 1 payment to it but she didn't know when or even by which method. She said she would need 2 weeks in order to get her anything and all she really told her was that they were going to garnish her wages and the original total was $2089.00 and now she owes $5372.36. Her job received the papers for the garnishment but my sister has not received anything from the courts for a court date. I read the papers and it is called a WRIT OF GARNISHMENT CONTINUING LIEN ON EARNING (60 DAYS).

I pulled her credit and found Sentry Credit on the collections and it showed Stewart Mathis LLC as the OC, but my sister had a CR from Feb and it showed Stewart Mathis LLC was opened in 08/2005 and placed for collection on 10/2008 and have the same amounts. And on the old CR there is also an old account for Assoc/Citi

with the same account number the lady gave her minus the last 5 numbers. This account was open in 04/2001 and DOLA was 12/2002 and closed because the card was lost or stolen because she had lost her purse.

So we have been trying to investigate on this because we still don't know exactly who the OC really is but when I looked up Stewart Mathis LLC it is a collection company. Can Sentry Credit use Stewart Mathis as the OC is they are a CA as well to collect the debt? Because if the OC is CITI Bank that would already be passed the SOL because in the state of Washington it is 6 years for a signed contract and 3 years for an oral contract.

My sister is still waiting for the court date because she is going to go. Since Sentry Credit has still not provided the OC infomation we are going to send a letter and demand that info and also a copy of the original signed and dated contract. Does anybody have any advice if they are allowed to collect on this.

 

THank you and sorry for such a long post.

 

Also wanted to ask, can you still DV the CA even though we are still waiting to hear of a court date? When my sister talked to them a week ago they were not 100% of the OC and could not provide antyhing further. So she thought of still sending the DV letter to have it in writing.

Message 1 of 8
7 REPLIES
Established Member

Re: Can a CA be used as the OC

Please if somebody can give me information as to whether we can still DV the CA since they are not still providing the information of who the OC is and they are saying a payment was made 1 month but they don't have no info on that either. They are able to garnish wages for the 60 days while judgement is still pending and still no court date.

 

Thank you!

Message 2 of 8
Member

Re: Can a CA be used as the OC

No.  The OC is always the original lender that you signed a contract with.  If a CA is selling a debt back to itself in order to reset the clock on the SOL, that is illegal.  SOL applies only to the last payment you made to the OC.  Wages cannot be garnished until a judgement is filed against you and they file what is called a writ of execution against either your bank or your employer.

 

This CA sounds like they are in violation of FDCPA on multiple counts.   They have no ability to execute on your wages unless a judgement is filed, and they cannot threaten to get a judgement if they have no intention of doing so, and/or have no ability to even seek judgement (SOL expired, for example).


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Message 3 of 8
Established Member

Re: Can a CA be used as the OC

The CA does have a writ of against her employer to garnish wages but only for 60 days pending judgement. My sister has checked with the court and no date is set yet. She did respond right away when she received the papers. But I was wondering if we could still send a DV letter to the CA because we don't know who the OC is and they told her that supposively there was one payment made but they have no information on any of it. It has been a week since she spoke with her and has not still received anything. Shouldn't they provide her with who the OC is? I just wasn't sure if she could still send one? Because if it is CITI Bank then the DOLA is in 2002 and it was closed. 

Message 4 of 8
Member

Re: Can a CA be used as the OC

Was she served by a process server?

 

Something doesn't sound right.  Unless you live in a really weird state, I am fairly certain that the only entity that can legally garnish someone's wages without a court order is the IRS.   If there is a court order and an execution on wages, it is MANDATORY for it to be filed with the sherriff's department in the county of the employer.  A writ will be unequivocally rejected if there is no proof or judgement.  Believe me, I've had writs rejected after obtaining a legal judgement against someone solely because I didn't include a middle initial that was on the judgement itself.

 

It sounds like they are without a doubt, committing some kind of fraud.  Make sure she does not sign any kind of "stipulation" agreement they might offer in lieu of them saying they will stop the garnishments, etc.  Make sure she does not surrender any sensitive banking, credit card, or other sensitive information to them.  You may want to contact the attorney general's office for a fraud complaint. Document everything that they are doing and correspond in writing so you have proof.

 

Go to:

http://dockets.justia.com

 

And do a search on their name to see if/how many lawsuits have been filed against them.

 

 


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Message 5 of 8
Senior Contributor

Re: Can a CA be used as the OC

 


septgirl27 wrote:

I tried to look through the post to see if there was anything similar to this but I didn't find very much info. I'm helping my sister with this so hopefully I have all the necessary information she lives in the State of Washington.

 

My sister got served papers at her work from a CA, she sent back the information to the courts that they were requesting. She called the CA and asked who they were and what this what for,  as she had no idea. The lady said she wasn't even sure who exactly the OC was. She mentioned about a Washington Mutual CC but their accounts were bought out by CITI bank. But that she was not certain exactly and my sister told her I don't recall having that account. She said somebody had made a 1 payment to it but she didn't know when or even by which method. She said she would need 2 weeks in order to get her anything and all she really told her was that they were going to garnish her wages and the original total was $2089.00 and now she owes $5372.36. Her job received the papers for the garnishment but my sister has not received anything from the courts for a court date. I read the papers and it is called a WRIT OF GARNISHMENT CONTINUING LIEN ON EARNING (60 DAYS).

I pulled her credit and found Sentry Credit on the collections and it showed Stewart Mathis LLC as the OC, but my sister had a CR from Feb and it showed Stewart Mathis LLC was opened in 08/2005 and placed for collection on 10/2008 and have the same amounts. And on the old CR there is also an old account for Assoc/Citi

with the same account number the lady gave her minus the last 5 numbers. This account was open in 04/2001 and DOLA was 12/2002 and closed because the card was lost or stolen because she had lost her purse.

So we have been trying to investigate on this because we still don't know exactly who the OC really is but when I looked up Stewart Mathis LLC it is a collection company. Can Sentry Credit use Stewart Mathis as the OC is they are a CA as well to collect the debt? Because if the OC is CITI Bank that would already be passed the SOL because in the state of Washington it is 6 years for a signed contract and 3 years for an oral contract.

My sister is still waiting for the court date because she is going to go. Since Sentry Credit has still not provided the OC infomation we are going to send a letter and demand that info and also a copy of the original signed and dated contract. Does anybody have any advice if they are allowed to collect on this.

 

THank you and sorry for such a long post.

 

Also wanted to ask, can you still DV the CA even though we are still waiting to hear of a court date? When my sister talked to them a week ago they were not 100% of the OC and could not provide antyhing further. So she thought of still sending the DV letter to have it in writing.


 

Talk to a local lawyer today.  In a situation like this delay in talking to a lawyer may have serious consequences.

 

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Message 6 of 8
Established Member

Re: Can a CA be used as the OC

She was served on 6/18/09 and she responded back immediately (same day), to the court. She has been waiting to hear from the court of when to appear. She just got a Writ of Garnishment continuing lien on earnings (60 days) and affidavit for garnishment, it was filling on 03/24/2010 and it is from Sentry Credit Inc. vs her and her employer.

We checked and there is no court date and she is going to go down to the court to see why she hasn't heard nothing of a court date. And still to this day they have not provided her with the OC or any info. Now I have read that in the State of Washington they can file a writ of garnishment while judgement is pending. She is going to get ahold of an attorney to talk with them.

Message 7 of 8
Community Leader
Epic Contributor

Re: Can a CA be used as the OC

The "Writ of Garnishment" was filed to ensure that you retain sufficiient assets to pay the debt, in the event of any future court judjment rendered in favor of the creditor.

It is not an order to secure actual, court ordered ganrishment of property or assets.  It is an order for you to hold the property in the event of a court order of distribution of award to the parties after judgment by the court.

Garnishment is the legal process whereby money or property that is owed to the Debtor or that is being held by someone (the Garnishee) for the Debtor, is taken to pay a Judgment. Wages and bank accounts are the most commonly garnished property.

A Writ of Garnishment directs the Garnishee to hold money or property owed to or owned by the Debtor, until the court determines whether it should be paid to the Debtor or the Creditor. If the Garnishee has any of the Debtor’s money or property, the Garnishee must hold it in accordance with the law, until the court orders its distribution.

To garnish a Debtor’s property, a Creditor must file an Application for Writ of Garnishment with the court. The Application must include the name and address of the employer, bank or person holding the Debtor’s property.

When the Creditor files an Application with the court, the clerk will issue a Writ of Garnishment. The Creditor must serve the Application for Writ of Garnishment, the Writ of Garnishment and the Answer to Writ of Garnishment form on the Garnishee.

 

I would not even bother with DV now under FDCPA 809(b).  Why?

The DV process has no set period for them to do anything.  That is FDCAP admin crap.  You are now in court.

They have now filed legal action against you.  That opens your opportunity to seek any, and all, relevant information pertaining to the issues at court through what is called the "discovery process."  You can request much more than the very limited and ambiguous "validation" information specified in the DV process under FDCPA 809(b), with specific court-ordered dates of compliance.   You can request what is commonly called "full media verification," under court-ordered discovery through the court.

You can bring up the many FDCPA violations that you assert in court, but rest assured, you will get much more from them, and under court-ordered compliance, of the name, address, of the OC, contract agreemments between the OC and CA, bonding compliance by the CA,'s, etc., etc, that you would never get in the DV process.

 

Yes, yes, yes, get a lawyer,and recover his fees upon your victory at court.

Message 8 of 8