09-21-2011 05:13 PM - edited 09-21-2011 05:56 PM
I am starting this letting you all know that i know CRAP about CA and the laws that regulate them. A few years back a default judgment was issued against me that I did not know about by an attorney used for Portfolio Recovery Associates. Now, when I was contacted by them initially they neglected to mention ANYTHING regarding a lawsuit and before I knew it there was a judgment and I received a letter stating that since I did not appear in court....well, you know the rest. Long story short, I was never served. I did petition the judge's decision due to this and was told it was insufficient. Well, I ended up PIF not knowing about PFD. A while after all of this occurred I decided to look online to see if I could locate and view all of the paperwork associated with the case. Well, the atty for PRA used their own process server and upon reviewing their affidavit of service I knew for a fact that I was not served. According to the affidavit he served me personally at my home and wrote a decription of me that was completely and undeniably inaccurate! I have made several attempts at contacting both parties regarding their errors and asking them to have the judgment vacated and removed from my credit reports with no response. Is there anything that can be done or am I basically screwed??? Any help would be appreciated.
Personal names are not allowed to be posted in the public forums and I also removed other unnecessary references. Please review the forum's Terms of Service about what is prohibited to be discussed or posted.
- MarneVietVet, myFICO moderator
09-21-2011 07:15 PM
You need to spend some time and money IMMEDIATELY and hire a lawyer to sue this company and process server for FRAUD/MALICIOUS PROSECUTION, Etc. take the time and do this...It will be well worth it in the end. You cannot and should not let these people get away with these types of actions. Get the papers filed ASAP, and do NOT drop this matter; you will win in the end, and try and recover all your costs in the process. Good luck!
09-21-2011 07:33 PM
What if OP doesn't have the money to hire an attorney to start this process? Is there anything that can be done by OP?
09-21-2011 08:11 PM
Try this link to the National Association of Consumer Advocates.
From a BK years ago to:
EX - 3/11 pulled by lender- 835, EQ - 2/11-816, TU - 2/11-782
"Some people spend an entire lifetime wondering if they've made a difference. The Marines don't have that problem".
09-22-2011 05:20 AM
Thank you for the advice. Just wondering if I should send a letter of some sort to PRA, the atty and the process server in regard to possible litigation against them just to give them the opportunity to rectify this of their own "good faith"including a copy of the affidavit of service in which I was supposedly served . Or do I just go in guns a blazing with a lawyer??? I just can't wrap my head around all of this, so I apologize for seeming naive.
09-22-2011 08:43 AM
A Class Action suit against PRA was just certified in US District Court. The suit is for pre-suit misdeeds.
Sending a letter to someone that fraudulently certified legal service and asking them to be nice sounds like flogging a dead mule to me. They probably know they are crooks and expect a certain number of people to be upset.
I hope you get somewhere but it won't be easy.
Forums posts are not provided or commissioned by FICO. Forums posts have not been reviewed, approved or otherwise endorsed by FICO. It is not FICO's responsibility to ensure all posts and/or questions are answered.Advertiser Disclosure: The listings that appear on myFICO are from companies from which myFICO receives compensation, which may impact how and where products appear on myFICO (including, for example, the order in which they appear). myFICO does not review or include all companies or all available products.
* For complete information, see the terms and conditions on the credit card issuer’s website. Once you click apply for this card, you will be directed to the issuer’s website where you may review the terms and conditions of the card before applying. While myFICO always strives to present the most accurate information, we show a summary to help you choose a product, not the full legal terms - and before applying you should understand the full terms of products as stated by the issuer itself.
IMPORTANT INFORMATION: All FICO® Score products made available on myFICO.com include a FICO® Score 8, along with additional FICO® Score versions. Your lender or insurer may use a different FICO® Score than the versions you receive from myFICO, or another type of credit score altogether. Learn more
FICO, myFICO, Score Watch, The score lenders use, and The Score That Matters are trademarks or registered trademarks of Fair Isaac Corporation. Equifax Credit Report is a trademark of Equifax, Inc. and its affiliated companies. Many factors affect your FICO Score and the interest rates you may receive. Fair Isaac is not a credit repair organization as defined under federal or state law, including the Credit Repair Organizations Act. Fair Isaac does not provide "credit repair" services or advice or assistance regarding "rebuilding" or "improving" your credit record, credit history or credit rating. FTC's website on credit.