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Judgement

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rbon
New Contributor

Judgement

Looking for some advice. I got a letter in the mail a few months ago that my co was being transferred to a new law firm. When you research it, it's not actually a new law firm, but these sharks appear to be using new letterhead. I wrote them a DV letter because I never remember having this so called cc that was charged off. Right before the 30 day deadline, they sent me a copy of a judgement filed by another company in 08. I went online to the court records systems and they apparently attempted to garnish my wages last year and then just filed to do so again as they never were. I tried contacting an atty to assist, but never got a response back. I honestly don't believe the card is mine as it looks like it was opened in 02 and my husband and I had filed for banko about 3 months prior. I wasn't working (banko was due to significant medical debts) and don't even know how I would've gotten a card. In fact, didn't get anything until almost 5 yrs later!
The papers came from Morgan & Pottinger. It looks like the judgement is set to fall off next fall, but knowing these sharks, they will renew. I cannot have my job get garnishment papers as I deal with a significant budget at work, financial responsibilities, etc. My whole paycheck goes to meds and student loans. Do I try and get an atty or spend $3k in tuition money that I was saving for winter quarter on paying them? It looks like it was originally a $2600 judgement. Like I said, I don't believe the debt is mine just because I wouldn't have been able to get a card at the time (and I also had my identity stolen in the late 90's) and I don't ever remember having a card.
And just because I know you'll ask, it lists my mom as receiving the paperwork (at our address) back in 08.
Message 1 of 4
3 REPLIES 3
rbon
New Contributor

Re: Judgement

Bump
Message 2 of 4
Anonymous
Not applicable

Re: Judgement

Ouch.

Problem I see is that this judgment has been sitting there since 08. After 6 years, getting it vacated might be difficult as its going to be considered 'yours by default' even though you may be the victim of ID theft. I would definitely consult an attorney and find out. you can probably find a low cost consumer attorney through NACA at www.consumeradvocates.org

 

Good luck!

Message 3 of 4
bxfinestcocoa
Valued Member

Re: Judgement

The first thing you need to do is get a copy of the file and the decision on why they received this judgement. At the same time aslo send a DV even though they already got a judgement technically you still. have that right (to build Your case) to find out what it is for. More than likely they'll send you a dunning/settlement/and actual DV. Once you receive a copy of the paperwork more than likely you were never served and they will vacate the default judgement.  Until they respond with something and when they do because they will then take it to trial then the burden of proof that they can collect and that it was your debt to begin with is on them.  I can help I fought the worst of the worst law firm on Judgement and won.

Message 4 of 4
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