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HELP HELP HELP!!! Judgement

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Tink
New Contributor

HELP HELP HELP!!! Judgement

I just received a notice from the court for a hearing regarding a charged off Aspire Visa which is also listed as a collection account on my CR. What should I do? If I go to the hearing and say I will pay will a judgement still be listed on my CR? Should I send a PFD to Midland Credit Management/Burton Neil & Associates? Should I ask for a complete debt validation? This has never happened to me before. My CR says the account is schedule to be deleted in August 2010. If this judgement goes through, does it push the date back further or will it still drop off in 2010. They are only asking for approximately $2300 whereas the past due amount reflected on my CR is $3400. Wha t should I do? I'm in crisis. The hearing is scheduled for 08/17/07. Please help!
 
Edited to add - If the Judgement goes through and I don't pay, will that decrease my score even though it's already low due to the collection account being on there?


Message Edited by Tink on 07-20-2007 10:07 AM

Message Edited by Tink on 07-20-2007 10:13 AM
Message 1 of 88
87 REPLIES 87
Anonymous
Not applicable

Re: HELP HELP HELP!!! Judgement

1st question,  is the debt within your state's Statute of Limitations?   If you don't know let us know what state you live in and we can zip it out to you of what the years are.   This would be from the date that you last made a payment to Aspire or the Collection Agency.
 
Answer  Answer and did I say answer, the summons and plan on showing up to court.   You don't want them to get a Default Judgment on you.
 
Give us a little more feedback on the date the account went deliquent and then charged off.
 
If it does fall within your State's SOL, you can try a PFD but I would highly doubt you would get it.  The CA would more than likely say "It's in the hand of our Attorney's".   but hey you can try but don't waste alot of time sending letters and waiting for a response.  You only have a limited amount of time to respond to the summons so use your time wisely.     You can try to DV them but this far in the process it probably too late unless you State has some different laws such as Texas is a vailidation at any time required state, most states are only 30 days after the iintial contact with you from the CA.  But again you can always try, doesn't hurt but in most states they aren't obligated to DV after the 30 days is up.
 
If you do have the money to pay it off in full that would be probably your best bet to avoid them going after the judgment.   
Message 2 of 88
Anonymous
Not applicable

Re: HELP HELP HELP!!! Judgement

it will tank your score but that would be the least your worries if they use the judgment to collect meaning they can legally seize your bank accounts, put a lien on your house, garnish your wages, seize your tax returns.   
 
If you have the money and if it's well within your state's SOL then pay it and have it out of your life.
Message 3 of 88
Tink
New Contributor

Re: HELP HELP HELP!!! Judgement

It first went delinquent I believe in July or August 2003.
I live in PA and I thought I read soone the SOL is 4 years
I am going to fax my Notice To Defend to the court
If the judge order me to pay, will this be on my CR for another 7 years?
Message 4 of 88
Anonymous
Not applicable

Re: HELP HELP HELP!!! Judgement

It might be 10 years and they are renewable.     Quick question, do you have the ability to pay it off?   The figure they gave you is going to baloon if they get a judgment, they will tack on court cost and interest it's going to get insane
 
try and find out exactly when it was charged off, they just might be squeking it in just in time.   CA have a knack for this.   If it does fall within again I advise if you have the means to pay it before it gets worse.
Message 5 of 88
Tink
New Contributor

Re: HELP HELP HELP!!! Judgement

Should I still ask for a hearing to defend myself?
Message 6 of 88
Anonymous
Not applicable

Re: HELP HELP HELP!!! Judgement

That part of the process I'm not to famillar with.   What would be your defense?
Message 7 of 88
Tink
New Contributor

Re: HELP HELP HELP!!! Judgement

The woman at the court said that the hearidng scheduled in August is a default hearing and that I should send a request to defend myself which will be schedule in September. I received a notice from this collector in April. I wrote back to them well within the 30 days and asked to send me validation of the debt. I did this at the advise of a friend. I never received a response and then proceeded to dispute my credit report. I sent the original DV letter before coming to this forum where I have since read it should be sent via certified mail. After not getting a reponse I though I was in the clear and that's why I disputed it on my CR. TU said it was validated but I never received anything. I feel like I am going back and forth. What's really being disputed is the amount. Thanks for all of your input.
Message 8 of 88
Anonymous
Not applicable

Re: HELP HELP HELP!!! Judgement

Then you have a very valid defense,    Now I'm not sure how this all works in the court system but there is some form of Discory process you can file for making them validate it to the courts plus other may know more on the process of which they might be liable for not validate which is in violation of the FDCAct.       I would seek some form of legal advice .   You may have something, if at the very least you can buy yourself some extra time.  
Message 9 of 88
Anonymous
Not applicable

Re: HELP HELP HELP!!! Judgement

First let me say I live in MN so I don't know how the court system works where you live but here is the Reader's digest version (if there is one)
 
I had responded to the first collection notice I received from the latest CA (I had received same notice from 2 other CA's within two months of this one) within about 10 days, and according to both State & Federal law, you only need dispute the information within that 30 days.  The first two I sent my dispute CMRRR, the 3rd, I thought within this timeframe was ridiculous so I did not send CMRRR. 
 
I heard nothing until about 7 mos. later (May 2006) I received a Summons & Complaint by some kid.  I responded immediately with dispute again, copies of the other letters and DV request, this I sent CMRRR to both the latest CA and the LVNV, they had BOUGHT the account.
 
Nothing until another 6 mos. (Nov 2006) was an Request for Admissions, blah, blah, blah, and I did NOT respond because to me, they had already violated my right when they refused to validate the debt.  I did however file a complaint with the AG office and the FTC.
 
Keep in mind during all this time I've been disputing these stinking duplicate reporting accounts with the CRs - they just keep saying it was validated.
 
Never heard anything again until March of this year with the Informational Statement - I responded with a notice that I intended to sue both them and LVNV for violating some of my rights.  My notice crossed in the mail with an assignment of Judge.  3 days later (I knew they received the letter of suit CMRRR and they disregarded) I receive a request of Judge reassignment.  (According to Atty in MN that's a normal thing), I figured they did it because they got the "newbie to the bench Judge" instead of the one for 10 years...
 
Anyway, in May I receive a notice for Summary Judgment hearing, I responded, they responded - always got their responses on a Friday night...anyway, I went to that hearing and admitted I owed the original OC; pointed out that I was entitled to ask for proof they owned the right to collect since I had received notices from (3) different CAs; disputed amount they were asking; stated it is in both Federal & State law I only need dispute debt within first 30 days; and that I have submitted paperwork to an atty for his review to represent me.
 
Right before the hearing, I received a response from the Court in response to the request for Informational hearing (which drags this out until April of next year).
 
I have heard nothing from anyone so today I mailed a Final response to the Judge and the firm stating that the validation I received does NOT prove ownership or their right to collect, they cannot be both assignee & purchaser of an account; and that an account 5.5 years old was probably purchased for a penny on the dollar or less.  I included a copy of the internet article I found stating this, offered to alleviate the Court's time if they would accept $13.28 for the account in exchange for complete deletion of all credit reporting since they were re-aging the account, reporting it twice, etc.
 
We'll see what happens, but I figure hey, it can't hurt, and I mentioned I would be pursuing a separate claim against them for violating my rightsSmiley Happy
 
Best of luck to you - if they get a default judgment that's it for you - they WILL take your bank account or whatever else they can get their hands on.  Been on that road too.
Message 10 of 88
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