cancel
Showing results for 
Search instead for 
Did you mean: 

**Update**Judgement On Credit Report Now Subpeona To supply Information PLS Help!!!!!

tag
BrownBee
New Contributor

Re: Judgement On Credit Report Now Subpeona To supply Information PLS Help!!!!!

Right, but I guess I'm failing to understand why the DV was sent at that time? Isn't it a moot point now that the CA has an erroneous judgment against her? Or am I missing something? The reason I'm asking is because I have seen too many instances of this particular situation, and I fear it happening to me. I want to be as educated as I possibly can be if it does.


Starting Score: 02/2013 606(TU-myFICO); 647(EQ-CreditExpert); 578(EX-CreditExpert)
Current Score: 02/2013 606(TU-myFICO); 647(EQ-CreditExpert); 578(EX-CreditExpert)
Goal Score: 650 TU, EX, EQ


Take the myFICO Fitness Challenge
Message 31 of 35
bxfinestcocoa
Valued Member

Re: Judgement On Credit Report Now Subpeona To supply Information PLS Help!!!!!


@BrownBee wrote:

Right, but I guess I'm failing to understand why the DV was sent at that time? Isn't it a moot point now that the CA has an erroneous judgment against her? Or am I missing something? The reason I'm asking is because I have seen too many instances of this particular situation, and I fear it happening to me. I want to be as educated as I possibly can be if it does.


When I pulled my credit I saw the judgement.I sent them a DV and I requested from the courts a copy of proof of service and the judgement information. The courts sent me the info and then the The attorney for the collection agency told I must correspond w/ them only and not the CA. The attorney also told me that they did not have to validate the debt because they sent a dunning letter prior and I had my 30 days then. They sent this letter out the same day they received my DV. A few days later they then sent me a letter to settle with them. and that I have up until 3/8/13 to settle. The attorney then filed a motion days later 2/27/13 in order to enforce the judgement. In order to build more of a case to vacate the judgement against Them I sent the DV to the CA who is showing up on my credit report. The collection agency received  the judgement I am assuming because I didn't show up to court, becasue when I look at the case file documents there is nothing in my file showing they own the debt, there is a copy of a CMRR which was never signed for. Even the motion that they filed a few days ago was not served which is supposed to be.  As well as all other items that was supposed to be CMRR is not in the file or was not sent. So more or less hopefully I can get it vacated because I was never served any of these summones as well as I have the letter with them telling me they don't have to validate this debt. and there time is almost up as well. I am staying positive that they (NCF) do not own the debt because they wouldn't have tried to settle with me after a judgementI & I am working on the doc from T-Mobile stating that they still have my debt. HTH

Message 32 of 35
bxfinestcocoa
Valued Member

Re: **Update**Judgement On Credit Report Now Subpeona To supply Information PLS Help!!!!!


@bxfinestcocoa wrote:

I have been lurking for a while trying to clean up my credit. I came across a judgement on my CR from New Century Financial Services represented by Pressler & Pressler. I have done my research on these people and I have seen nothing but horror stories. I am located in NJ My SOL is 6 years. I sent a DV to New Century and I called the courts and they sent me a copy of the judgement ordered. A copy of a CMRR mailed, but no signature. A copy of the complaint. stating that I had a old T-Mobile Cellphone account that went into default. It also stated that New Century Financial Services is requesting the payment along w/ interest fees.  They received the DV 2/13/13 and then Pressler & Pressler sent me a demand for payment dated 2/13/13, but as a settlement for 60% of the bill by 3/8/13. (Noted as THIS COMMUNICATION IS FROM A DEBT COLLECTOR) Then I received a letter from Pressler & Pressler again on 2/20/13 stating that I must solely correspond w/ Pressler & Pressler and not The CA New Century Financial.  It states that and intial notice was sent to me on around 8/18/2011 and I had 30 days from then to verify the debt. In the letter it just tells me when the account was opened 4/29/2005 and charged off 2/27/2008. Judgement was entered 12/22/2011. and they will not contact me per my request.  I have now received a letter dated 2/27/2013 stating it is a Motion returnable/Order to enforce litigants rights and that they served me an information subpoena questionnaire previously and if I send them this information 3 days prior to 3/22/13 I would not need to appear in court. I have never signed a CMRR for anything with these people nor served by a process server. To my understanding SOL for cellphones is 2-4 years??? I was never served can I still file a motion to vacate? or should I wait until the court date to show that they did not Validate they own the debt and collect? again this is pressler asking for me to pay them. Or Should I call T-Mobile directly and deal with them. Becasue to my understanding they still own it. Any help will be greatly appreciated. Thank You in advance.

 

Under Old married name

I did have an account w/ T-Mobile

Pressler did mail an Information Subpeona regular mail not CMRR in December 2012 (going through old mail)

Pressler did an inquiry on my credit report 12/2012

 

 

So learning all that I have learned by lurking.  I wanna say thank You Myfico members!!!!  

 

 Here is what transpired in short as well as this was my motion that was filed on August of this year 2014. I didn't realize the default judgement was vacated since September of 2013. :-/ I could have done wonders on my credit from since then, but okay. her it is. Bottom line patience and being informed helps. 

 

 

  1. On December 22, 2011 a default judgement was placed against Rashida Chambers after an unsuccessful writ of execution.
  2. Pulled Credit Report on 1-29-2013 and saw a default judgement filed on my credit report on 12/22/2011 in the amount of $1.029.87.
  3. Sent a Debt Validation letter certified and regular mail to New Century Financial Service, INC dated February 5, 2013 I have attached a copy of receipt. EXHIBIT A
  4. Received a letter on Pressler & Pressler letter head dated February 13, 2013 to settle on the alleged debt addressed to RC which violated my rights under the FDCA EXIHIBIT B
  5. Received a letter for demand of payment inthe amount of $1,121.05 on Pressler & Pressler letter head dated February 20, 2013 stating that future correspondence shall be directed to Pressler and Pressler and demand for payment due to judgement. EXHIBIT C
  6. On March 1, 2013 I went in to request a copy of the judgement that was filed as well as all paperwork associated with this case.
  7. On March 1, 2013 I was informed that on February 27, 2013 Plaintiff filed a motion to enforce litigants’ rights in the amount of $1,121.05 along with a certification in support for an amount $1,031.34.
  8. March 1,2013 I requested for a default judgement to be vacated. A true and accurate copy of this motion to vacate judgement attached EXHIBIT D
  9. April 2, 2013 a redacted information subpoena was submitted to Pressler & Pressler. EXHIBIT E
  10. April 5, 2013 Defendants motion was denied by the  Hon S a. tears. J.S.C. attached EXHIBIT F
  11. April 12, 2014 Plaintiff filed a motion to amend Defendants name from RC to RB based on information filed by the defendant her motion to vacate judgement.
  12. May 6, 2013 Plaintiffs order to amend defendants name was granted.
  13. On August 23, 2013 the Plaintiff based on information received from the defendant on the information subpoena plaintiff filed a writ of execution to levy bank accounts.
  14. August 27, 2013 Defendant filed a motion for reconsideration on vacating default judgement EXHIBIT G
  15. September 12 2013 Defendants motion for reconsideration was granted by the Hon. EP, J,S,C. for the following reasons “(1)” defendant’s answer to plaintiff’s complaint was not recognized (2) there is no proof that RC is RB. And (3) the basis for the debt was not supplied, but instead, only a charge –off total.” A true and accurate copy of this order is attached hereto as “EXHIBIT H
  16. Plaintiff filed a Motion for reconsideration of Judge's order on October 13, 2013.
  17. On November 18, 2013, Hon. DC PJSC denied Plaintiff’s Motion to Reconsider “for reasons stated in Judge's Order”. A true and accurate A true and accurate copy of this order is attached hereto as “EXHIBIT I
  18. On June 23, 2014 Plaintiff filed a Motion to enter judgement on default.
  19. Same was denied by the Hon. MN, J.S.C, on July 22, 2014, on the grounds that Plaintiff had not complied with Judge's Order of September 18, 2013. A true and accurate copy of that order is attached hereto as :”EXHIBIT J”
  20. Defendant never received copies of these motions filed on October 13, 2014 or June 23, 2014.
  21. Plaintiff has yet to comply with Judges  September 12, 2013 order and therefore judgement should not be entered and vacated.
  22. Defendant failed to appear in court both in October 2011 and October 2013 due to medical reasons beyond her control due to bed rest on the upcoming birth of her children born on October 27, 2011 and December 26, 2013 A true and accurate copy of  the redacted birth certificates attached EXHIBIT K
  23. Defendant has attached a redacted copy of US passport showing her name as RB issued in July 2011 prior to an alleged debt letter sent to her place of residence on August 18, 2011 A true and accurate copy of passport EXHIBIT L
  24. Defendant has attached a copy of her redacted Marriage Certificate showing her name as RC prior to being married and becoming RB. A true and accurate copy attached EXHIBIT M
  25. As to Judge  second point the defendant has provided ample proof that RB is not RC.
  26. On August 7, 2014 the defendant received by certified and regular mail a copy of the plaintiff’s motion addressed to RC A/K/A R. A true and accurate copy attached EXHIBIT N
  27. Because the mailman knows that I am RB he gave both pieces of mail that the Plaintiff has sent and proven that it is was very likely the defendant never receive some of these alleged notices due to improper service.
  28. There is no admissible evidence of the formation of a contract between T-Mobile and RB.
  1. There is no admissible evidence of the terms of any contract between T-Mobile and RB.
  2. There is no admissible evidence that RB breached any contract with T-Mobile.
  3. There is no admissible evidence as to the purchase by New Century Financial Services of RB alleged account, either directly from T-Mobile or through intermediate debt buyers. .
  4. There is no admissible evidence regarding the mailing of any written agreements
  5. by the T-Mobile to RB.
  6. There is no admissible evidence regarding the mailing of any billing statements by T-Mobile to RB.

 


I am not a lawyer/ Paralegal I just know how to read law. Funny thing is When I filed this motion for the default judgement not to be entred again and the plaintiff (Pressler & Pressler) have me down as having a lawyer...LMAO!!!! I know Pressler & Pressler is trolling this site. as they do on other sites, but 4 Judges have denied their default judgement and It is no longer on my credit reports SCORE!!!!! I went on an app spree!!!!! Time to raise the bar 

 

 

mod edit- remove personal information

Message 33 of 35
Anonymous
Not applicable

Re: **Update**Judgement On Credit Report Now Subpeona To supply Information PLS Help!!!!!

So what this really came down to was that they were sueing the wrong person? "RC" is who they were after and you were/are RC/RB? Is that what it came down to? Man....Glad you got a judge to listen to you....

Message 34 of 35
pipeguy
Senior Contributor

Re: **Update**Judgement On Credit Report Now Subpeona To supply Information PLS Help!!!!!

Just a comment on your post (glad you won), but you might want to delete the actual names and use R.C or R.B. or subject one, subject two, etc. Besides not wanting to post actual names in a public forum, I believe myFICO has rules against it, let alone privacy issues and public coutrt records.

 

Just a suggestion....

Message 35 of 35
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.