Hello everyone,
I am looking for advice, I recieved a default judgement letter ( Crown Asset Management) in the mail for an absurd amount, however I never recieved a summons to court ( I live in Ma) via mail or anything. So I start doing homework, get the info from the Court House and it was signed by plaintiff 2/24/17...for a trail date of 5/25/17. Again I never got it so I had no idea.
Here is the twist when I look at the account number and File number for the claim I realzie something odd. It is the same exact account number and File # from another Law Office in which I recieved a letter on 5/9/17 where It stated That my account had been sold, to Crown Asset Management and the firm is acting soley as a debt collector and not in any legal capacity. I have to answer that letter by 6/8.
This exact info is coming from 2 diffent law firms both for Crown Asset Mangement, I was actually waiting to call this letter from 5/9 this week because I wanted to settle with them in a sump sum. Howerver I was given a default judegement from another Law firm representing CAM which I was unaware of.
What shoud I do?
Starting Score: 589 / TU: 600I guess I am wondering if I should file a motion to vacate on the fact that the letter I got about the debt " states that it is not a legal matter yet" and I have 30 days from 5/9 to validate the debt, again which is the same acount and file number as the default judgement, futher more after digging throught the documents a letter to the court was sent excusing the orignal party from going to the trial and allowing another lawyer go the court date. This lawyer that was now going has the same phone number, building #, suite # as the company that sent me the letter 5/9 representing crown asset mngmt.
Should I contact the Second party that gave me 30 days and try and pay it off, and then motion to vacate the judgement because it is paid off? That sould tricky because it feels like they are all in the same group somehow.
I would much rather just pay what I orginally owed, and not the obsurd amount they defaulted for.
please let me know what you think.
@Anonymous wrote:File a motion to vacate, but not based on a letter you got in the mail.
First get copies of every single page of the lawsuit. If your court does not have these online you might have to go in person and get copies. They might charge something like $1 a page to get them. You want to specifically look for a certificate or affidavit of service.
Then research the rules of the court, ask them which ones apply if you're not sure but usually it's called something like "Texas Rule of Civil Procedure" again be sure you're looking at the correct rules, it could be different depending on what division they sued you in (small claims, circuit court, etc). Get familiar with all of it, but most specifically you want to look for how to vacate or set aside a judgement.
Then set a plan for how you're going to proceed after the default judgemnt is vacated. It won't make the lawsuit go away, you'll either need to find a way to get it dismissed based on either the plantiff not being willing to defend it or actual merits of the case, or you could try to settle at this point. Personally I would treat it like a game of chess or chicken -- stay on top of it but don't be in a rush to do anything either. As an example I was sued by Midland and I had a settlement offer ready to go, but after filling a response with the court nothing happened. I waited, and waited, and waited, and finally 2 or 3 years later the court dismissed for lack of activity.
Thank you for the info, the issue that makes me nervous is there is a Date for a Payment Hearing for amount on 7/5/17. I find this unfair because I was unaware of the judgement and court date, also do you find it odd that the letter they sent me says this is no legal matter yet and call to settle. The default judgement set 5/31/17 just a few days ago. I have not slept in over 24hrs do to this issue.
@RobertEG wrote:Personal service is not usually required if prior attempts to serve notice have failed.
It depends upon the rules of civil procedure in your state.
I would highly recommend, after doing the initial legwork of collecting the pertinent court documents related to how they showed service, to at least have an initial consultation with an attorney. Showing error in service is a legal matter for which I would obtain competent legal advice.
The owner of a debt can sell it to another, even after obtaining a judgment, or they can hire a debt collector to continue attempts to obtain satisfaction of the debt.
If the primary business of the new owner is the collection of debts, they are a debt collector, and thus are subject to the FDCPA, regardless of whether or not they also are a law firm/attorney. The advisement of a 30-day period to request validation of the debt is an explicit requirement imposed on all debt collectors once they have initiated any communication with the consumer. FDCPA 809(a). It is thus not only usual, but required, notification under the law.
There is no period for required response to such a collection ("dunning") notice. Lack of response within 30 days only means that any DV request sent after expiration of the 30-day period will not be timely, and thus will not impose any cease collection bar on the debt collector.
If you already have a judgment, then validation seems pro forma.
Robert do you think that it matters if its the same law firm collecting for Crown Asset Management. Why would they supposdly file a judgement against me and then soon after send me a letter to validate the debt and pay it off with options etc etc..all the while I have no clue whats going on. Now I have a default Judgement against me for 100k for an original debt of 1,037 ...Yes this is outrageous
@RobertEG wrote:If I understand the scenario, Crown Asset Management is the current owner of the debt.
You have heard from both a law firm representing them, and a debt collector who is also representing them?
An owner, regardless of whether they are the original creditor or a debt purchaser, can either act to collect on their own debt, or they can assign to another party for assistance in collection on the debt. Additionally, an attorney can act both as a legal rep for the owner in filing any civil action, and also as a debt collector to assist in collection of the debt. Thus, you can have a debt owner who is either the orginal creditor or a debt purchaser, a law firm/attorney representing the owner in any legal mattters, and a debt collector assisting in collection of the debt, who can also be their attorney for legal mattters.
Th FDCPA requries any party who is acting as a debt collector to send a formal collection ("dunning") notice to the consumer, advising them of their legal rights to request validation of a debt. Yes, issues of debt validation are essentially moot after the owner has obtained a judgment, which is court validation of the debt, but that does not per se eliminate the requirment to send dunning notice.
I dont see that the status of each of the parties who has contacted you is material to the primary issue of validity of the debt or of any error in obtaining the judgment.
The primary issue is whether the judgment is valid.
Your next steps appear to be legal. I would rely on advice of counsel in challenging the judgment. The other issues of the standing of each of the parties appears to be a side show.
Thank you for your feed back Robert, I will try to make it a little more clear for everone.
1.I get a letter of a default judgement against me from Crown Asset Mangement 6/3 with a payment review date of 7/5
2. Never recieved a certified letter in the mail.
3. 5/9 I recieve a letter from A law firm saying that it is an attempt to collect a debt from a law firm "In the sending of this letter, this firm is acting solely as a debt collector and not in any legal capcity" " After thirty days they would send me a copy of the debt verification and or a copy of a judgement if needed ( 30 days is 6/8)
4. Sometime shortly after I recive a letter that the about law firm would be appearing on behalf of the plaintiff.
I will be seeking counsel, but it seems to me that the law firm didnt send me a copy of a judgement which they didnt, they did not comply to their letter stating no legal actions, nor did they give me my 30 days to perhaps come up with a settlement.
I hope that is clearer for everyone and I hope I have a case to motive to vacate. Should I try and do the motion prior to payment review?
I am going to the court house early this morning to gather what ever I can. I also figured out regardless of the nature of this I was in a work training all that week of the trial date as well I am in a probational period at work till July 9 because it is a new employer, even if they sent me a letter I would have declined .
perhaps I do need to file a motion to vacate with those added?