Hi All -
I'm unsure of how to proceed with what is happening - I'll give you a short background of the story:
OC: Sears/Citibank
DOFD: May 2006
CA: LVNV Funding
Default Judgement Entered: 12/2008
When I received a summons from the sherriff to start sending payments in 2010/2011, is when I found out that a judgement was entered - had no prior knowledge. I hired a lawyer, and was able to get the default judgement vacated.
Date Vacate was granted: 6/2011
Fast forward to a week or two ago:
I received a letter and some phone calls from a creditor called Mercantile Adjustment Bureau, attempting to collect this debt from Sears - and including the judgement paperwork back from 2008. (No mention of the fact that the judgement is no longer valid.)
I immediately sent out a DV to Mercantile, asking for validation of this debt - not making any claim that it is mine. The validation that they returned was the court papers from when LVNV was granted the judgement.
So - what should be my next step?
I have the paperwork that the judgement was indeed vacated, and the debt is now outside of SOL (I live in NY). Should I send them a copy of the order that vacated the judgement?
It also makes me mad that they are sending those court papers when they are no longer valid - a flat out lie. I am worried that they will place something on my credit report - even though it is outside of SOL. There is nothing left on my report from LVNV, Sears or the judgement.
Thanks for your help!
Looks to me like there is a violation here. They are sending out dcuments that aren't valid, ie... forms that a court judgement is in effect.
Furnishing Certain Deceptive Forms No one may design, compile, or furnish any form that creates the false impression that someone other than the creditor (for example, a debt collector) is participating in the collection of a debt.
July 2013 score: EQ FICO 819, TU08 778, EX "806 lender pull 07/26/2013
Goal Score: All Scores 760+, Newest goal 800+
Take the myFICO Fitness Challenge
Current scores after adding $81K in CLs and 2 new cars since July 2013
EQ:809 TU 777 EX 790 Now it's just garden time!
June 2017 update: All scores over 820, just pure gardening now.
Thanks for your input!
Do you think I should bring this to the attention of a lawyer? Or should I send back a copy of the granted motion to vacate with a cease and desist letter or an intent to sue letter?
What would be my best course of action?
Thanks again!
@angelita1212 wrote:Thanks for your input!
Do you think I should bring this to the attention of a lawyer? Or should I send back a copy of the granted motion to vacate with a cease and desist letter or an intent to sue letter?
What would be my best course of action?
Thanks again!
I'd file a direct dispute with them and send the documentation. Send it CMRRR. That way if they don't follow up, you could file suit against them and they couldn't say they had no idea of the situation. Might get it resolved simply this way, if not, then you have ammo for a lawsuit.
July 2013 score: EQ FICO 819, TU08 778, EX "806 lender pull 07/26/2013
Goal Score: All Scores 760+, Newest goal 800+
Take the myFICO Fitness Challenge
Current scores after adding $81K in CLs and 2 new cars since July 2013
EQ:809 TU 777 EX 790 Now it's just garden time!
June 2017 update: All scores over 820, just pure gardening now.
@Shogun wrote:
@angelita1212 wrote:Thanks for your input!
Do you think I should bring this to the attention of a lawyer? Or should I send back a copy of the granted motion to vacate with a cease and desist letter or an intent to sue letter?
What would be my best course of action?
Thanks again!
I'd file a direct dispute with them and send the documentation. Send it CMRRR. That way if they don't follow up, you could file suit against them and they couldn't say they had no idea of the situation. Might get it resolved simply this way, if not, then you have ammo for a lawsuit.
File a direct dispute with Mercantile, correct? Since as of yet, they have not put anything on my credit reports - so I can't go through the CRA's.
I've learned from this board to keep record of everything - I send almost everything CMRRR!
Thanks!
@angelita1212 wrote:
@Shogun wrote:
@angelita1212 wrote:Thanks for your input!
Do you think I should bring this to the attention of a lawyer? Or should I send back a copy of the granted motion to vacate with a cease and desist letter or an intent to sue letter?
What would be my best course of action?
Thanks again!
I'd file a direct dispute with them and send the documentation. Send it CMRRR. That way if they don't follow up, you could file suit against them and they couldn't say they had no idea of the situation. Might get it resolved simply this way, if not, then you have ammo for a lawsuit.
File a direct dispute with Mercantile, correct? Since as of yet, they have not put anything on my credit reports - so I can't go through the CRA's.
I've learned from this board to keep record of everything - I send almost everything CMRRR!
Thanks!
Yes file the DD with Mercantile.
Thank you!