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3 Default Judgements and 2 Aren't Mine. Desperately Need Guidance :(

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WaterOverFire
Established Member

3 Default Judgements and 2 Aren't Mine. Desperately Need Guidance :(

I've been lurking and seeking information and learing from the experts here. There's so much to learn and it's overwhelming but I'm slowly gaining valuable information.

 

I know this is my fault to begin with but I'd like to take steps to make everything right. I let these judgements go after prior attemtps to figure out where these judgements originated, who the OC's are, ignorance of the legal terms they threw at me etc... I know I have debts out there due to being laid off by 3 different jobs in a row starting in 2006 so I thought these judgements are legitimately mine when I was served back in 2008. Things have gotten much better so I'm trying to get everything back in shape and researched the judgements. I learned 2 aren't even mine..I know I should have taken action when I was served but due to ignorance on my end with all the legal terms they threw at me, overwhelming amounts of collections mail and calls coming in, I let it all go. The amount owed have all increased (some quadrupled), they've been passed through so many CA's from the OC that I completely lost track. Through a lot of headaches, sifting through papers etc, I've managed to kind of clear things up and figure out where some of these debts originated. I went to the courthouse and obtained details of the three judgements and two of the three aren't mine so I'd like to know what I should do to get these cleared. I know it will take some work since I waited and they defaulted but still, two aren't mine. I don't even know where to start and need help. Here are the details of the judgements below. If you need any more information, I can get them for you since I obtained records from the courthouse.

 

 

JUDGEMENT #1: Filed 9-9-2009. CA is Asset Acceptance, The OC is AMEX and this was never my debt, I never had an AMEX account/card. Case closed 12/17/09. Last activity was 3/26/2012 (Notice of Substitution of Counsel). Not sure what any of this means but I do remember speaking with a CA or attorney over the phone and they admitted the SSN they have is different than mine. Don't know but I do know this still show up in my public records and on all 3 reports.

 

JUDGEMENT #2: Filed 6-8-2012. CA is Midland Funding, OC is HSBC. This one appears to be legit and I'll make arrangements to pay it. It's only for $1,100. This shows up on EXP, EQU reports. 

 

JUDGEMENT #3: Filed 6-3-2008. CA is Midland Funding. OC is Dell. This is also not mine - in 10-02-2008, a Garnishment letter was sent to an employer I never worked at (Ford Motor Company). on 10-07-08, The employer notified the court that garnishment could not be processed because of incorrect SSN. This is all listed in court records. Clearly this should be deleted. This shows up on TU and EXP reports.

 

What are my steps? Thanks in advance, let me know if anymore information is needed.

Message 1 of 5
4 REPLIES 4
myjourney
Super Contributor

Re: 3 Default Judgements and 2 Aren't Mine. Desperately Need Guidance :(


@WaterOverFire wrote:

I've been lurking and seeking information and learing from the experts here. There's so much to learn and it's overwhelming but I'm slowly gaining valuable information.

 

I know this is my fault to begin with but I'd like to take steps to make everything right. I let these judgements go after prior attemtps to figure out where these judgements originated, who the OC's are, ignorance of the legal terms they threw at me etc... I know I have debts out there due to being laid off by 3 different jobs in a row starting in 2006 so I thought these judgements are legitimately mine when I was served back in 2008. Things have gotten much better so I'm trying to get everything back in shape and researched the judgements. I learned 2 aren't even mine..I know I should have taken action when I was served but due to ignorance on my end with all the legal terms they threw at me, overwhelming amounts of collections mail and calls coming in, I let it all go. The amount owed have all increased (some quadrupled), they've been passed through so many CA's from the OC that I completely lost track. Through a lot of headaches, sifting through papers etc, I've managed to kind of clear things up and figure out where some of these debts originated. I went to the courthouse and obtained details of the three judgements and two of the three aren't mine so I'd like to know what I should do to get these cleared. I know it will take some work since I waited and they defaulted but still, two aren't mine. I don't even know where to start and need help. Here are the details of the judgements below. If you need any more information, I can get them for you since I obtained records from the courthouse.

 

 

JUDGEMENT #1: Filed 9-9-2009. CA is Asset Acceptance, The OC is AMEX and this was never my debt, I never had an AMEX account/card. Case closed 12/17/09. Last activity was 3/26/2012 (Notice of Substitution of Counsel). Not sure what any of this means but I do remember speaking with a CA or attorney over the phone and they admitted the SSN they have is different than mine. Don't know but I do know this still show up in my public records and on all 3 reports.

Dispute first 

 

JUDGEMENT #2: Filed 6-8-2012. CA is Midland Funding, OC is HSBC. This one appears to be legit and I'll make arrangements to pay it. It's only for $1,100. This shows up on EXP, EQU reports. 

PFD 

 

JUDGEMENT #3: Filed 6-3-2008. CA is Midland Funding. OC is Dell. This is also not mine - in 10-02-2008, a Garnishment letter was sent to an employer I never worked at (Ford Motor Company). on 10-07-08, The employer notified the court that garnishment could not be processed because of incorrect SSN. This is all listed in court records. Clearly this should be deleted. This shows up on TU and EXP reports.

Dispute 

 

What are my steps? Thanks in advance, let me know if anymore information is needed.


 

Before you app think...
Have you done your research of the CC?
Does it fit your spending?
Do you have a plan for the bonus w/o going into debt?
Can you afford the AF?
Do you know the cards benefits? Is it worth the HP?
Message 2 of 5
RobertEG
Legendary Contributor

Re: 3 Default Judgements and 2 Aren't Mine. Desperately Need Guidance :(

Your real issue is with the court.

They have entered a judgment and recorded it against the incorrect defendant.  It is thus contestable as an erroneous judgment.

 

I would contact the court with all of your identifying information, and motion that the judgment be vacated, or at least corrected to remove your name as the party.

As long as the court record still identifies you as the defendant upon whom the judgment was entered, the CRA can verify any dispute based on that public record.

They dont overturn a legal ruling of a court.

You cannot use the direct dispute process for any info related to public record information

Message 3 of 5
drkaje
Senior Contributor

Re: 3 Default Judgments and 2 Aren't Mine. Desperately Need Guidance :(

@ RobertEG,

 

Would Midland's incorrect judgment against OP be sufficient motivation to file a motion to vacate?


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Message 4 of 5
WaterOverFire
Established Member

Re: 3 Default Judgements and 2 Aren't Mine. Desperately Need Guidance :(

I have a DV letter that specifically asks the CA's attorneys to verifify the SSN they have on file. Once I get the DV back showing they have a different SSN, I will send their attorneys another letter stating they're violating FDCPA by suing the wrong person. I'll attach my social security card and ID to support this. Hopefully they will contact the courts and CRA'S to vacate since they don't want to so be sued for violating FDCPA.
Message 5 of 5
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