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Please Read and tell me if I really Need a lawyer

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joinme
Contributor

Please Read and tell me if I really Need a lawyer

Hi and thanks for any advice you give me.
 
I found a judgment on my EQ 2/21/08 I went to the court and pulled the file, I found out that I had no such account that was reported to the CRA ever!! no bills no collections no Debt from First National Bank,  Asset Acceptance Purchase the account on 1/06. They served me a summons to appear in court at an address I did not live so they got a judgment.
 
I immediately file a motion to vacate, the Judge signed itSmiley Happy The lawyer showed up for court and ask if we could talk outside, we had an agreement to dropped the case (vacate) and to start over with a debt validation,  because they agreed that I was not properly served.
 
I asked for a Validation in writing certified mail and would you believe I got a letter stating I need to fill out an ID theft paper and send it back to them in 30 days or they will start collections, they could not validate  i'm thinking so they sent me this form to fill out. I was also advise to seek counsel twice, once at the court and again in the letter, I did all this without a lawyer, now I am getting nervous I just cant max out my credit card for a lawyer right now, especially when I know its not my account, should I get a lawyer? -ANS
 
Message 1 of 8
7 REPLIES 7
Anonymous
Not applicable

Re: Please Read and tell me if I really Need a lawyer

I would contact an attorney that know about consumer credit and file a lawsuit against them.
 
Is this still showing on your CR?    This will tell you why we always say "everything in writting"
Message 2 of 8
Anonymous
Not applicable

Re: Please Read and tell me if I really Need a lawyer



joinme wrote:
Hi and thanks for any advice you give me.
 
I found a judgment on my EQ 2/21/08 I went to the court and pulled the file, I found out that I had no such account that was reported to the CRA ever!! no bills no collections no Debt from First National Bank,  Asset Acceptance Purchase the account on 1/06. They served me a summons to appear in court at an address I did not live so they got a judgment.
 
I immediately file a motion to vacate, the Judge signed itSmiley Happy The lawyer showed up for court and ask if we could talk outside, we had an agreement to dropped the case (vacate) and to start over with a debt validation,  because they agreed that I was not properly served.
 
I asked for a Validation in writing certified mail and would you believe I got a letter stating I need to fill out an ID theft paper and send it back to them in 30 days or they will start collections, they could not validate  i'm thinking so they sent me this form to fill out. I was also advise to seek counsel twice, once at the court and again in the letter, I did all this without a lawyer, now I am getting nervous I just cant max out my credit card for a lawyer right now, especially when I know its not my account, should I get a lawyer? -ANS
 



Did you fill this out? What type of form?
Message 3 of 8
joinme
Contributor

Re: Please Read and tell me if I really Need a lawyer

Its Instructions for completing the ID Theft Affidavit they need this to send to their client asset acceptance to let them know that I am a victim. I ask for a validation in writing and they sent these
papers.-ANS 
Message 4 of 8
Anonymous
Not applicable

Re: Please Read and tell me if I really Need a lawyer

I would definitely seek advise from a consumer lawyer, you may be able hire them on contingency basis, or for a small retainer. I have used them in the past, and they are not as expensive as you might think. If you have a good case,offer them a percentage of the lawsuit amount or perhaps the whole amount if they can get this removed from CRA's files.
Message 5 of 8
Nectarine
Contributor

Re: Please Read and tell me if I really Need a lawyer

I'd say contact an attorney, send them a letter saying that they didn't validate, then dispute with CR based on refusal to validate.

That'd be what I'd do.

Good luck!!!
Message 6 of 8
joinme
Contributor

Re: Please Read and tell me if I really Need a lawyer

Thanks Everyone I am looking for an Attorney! This Sucks!! I Just Paid Off all My CCSmiley Sad-ANS
Message 7 of 8
Schoolbuskid
Valued Contributor

Re: Please Read and tell me if I really Need a lawyer

Hey i thought someone might add this site, anyway its naca.net ive heard you can find a good lawyer there that knows about credit and consumer protection! Good Luck and never let them win!
 
SBK
Rebuilding and Reducing Debt, is my game plan.
Message 8 of 8
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