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Don't know what else to do please help again.

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SSH0126
Established Contributor

Don't know what else to do please help again.

My husband had a place in September 2002 to January 2003 at the latest. The CA sent documentation as well as the court in 2003 when he was deployed In IRAQ. The CA sent letters to an Ohio address stating that that was the address they had on file and did not obtain a response. He lived in Kentucky. The are changing the date placed for collections. We filed BBB report CA" Response-we recvd a certified letter from the consumer on 03/2013 we responed to the dispute and mailed verification of the debt. It was mailed to the addrress we had on file in Ohio, the letter was never returned. We then recvd another letter eariler this month annd mailed the verfication to the Texas address. The consumer knows this accont is just debt because the orginal client obtained a judment against the consumer in 2008 which has been accuring intrest. 

Nothing happened further. 

We filed a compaint. Nothing happened there. 

We contacted an attorney. She looked over all the documents and said that she could not help. We prob should just pay it to not be bothered. Dispite them updating the DOFD. 

What can I do?? Seriously. This is still on his credit report and its 2016. The Summons was served while I was in IRAQ another solider signed the document.  The address is incorrect and the person that signed for it started to write their own name and then crossed it out and printed my name. My address at the time is on my dd-214 and so is my signature.  It appears on the documents that someone was served In January 2003 and he deployed to Iraq in February 2003. 

 

We really want this off the report. 

Message 1 of 40
39 REPLIES 39
RobertEG
Legendary Contributor

Re: Don't know what else to do please help again.

What exactly is the asserted debt, and when did he first become delinquent on the debt?

What records do you have to document the dates of the debt?

Message 2 of 40
SSH0126
Established Contributor

Re: Don't know what else to do please help again.

I have the court documnets from the default judgement from small claims court Feb 2003. (13yrs ago)

 

The DOFD is 09/2002; They are reporting DOFD as 4/2011. The CA have updated this several times as the years go by. 

 

The collection agency is collecting on behalf of the landlord. 

Message 3 of 40
Anonymous
Not applicable

Re: Don't know what else to do please help again.


@SSH0126 wrote:

I have the court documnets from the default judgement from small claims court Feb 2003. 

 

The DOFD is 09/2002; They are reporting DOFD as 4/2011. The CA have updated this several times as the years go by. 

 

The collection agency is collecting on behalf of the landlord. 


What "exactly" is being reported?

Message 4 of 40
SSH0126
Established Contributor

Re: Don't know what else to do please help again.

The collection agency is reporting the original debt amount with a DOFD in 04/2011

Message 5 of 40
Anonymous
Not applicable

Re: Don't know what else to do please help again.


@SSH0126 wrote:

The collection agency is reporting the original debt amount with a DOFD in 04/2011


And what exactly was the original debt?

Message 6 of 40
SSH0126
Established Contributor

Re: Don't know what else to do please help again.

The orginal debt amount is 1135. a rental

Message 7 of 40
Anonymous
Not applicable

Re: Don't know what else to do please help again.


@SSH0126 wrote:

The collection agency is reporting the original debt amount with a DOFD in 04/2011


"orginal client obtained a judment against the consumer in 2008" - Use this statement from them to dispute the DoFD. Clearly the DoFD CANNOT have occurred subsequent to the judgement - it must have occurred no less than thirty days prior to the judgment filing date.

 

The collector must use the OC's reported DoFD, and if they cannot obtain the actual DoFD, they can "reasonably" estimate it - they clearly did not use all available information to make such an estimate.

 

 

Message 8 of 40
SSH0126
Established Contributor

Re: Don't know what else to do please help again.

Sorry update CA reporting orignal debt of 1135 and balance of 2845 which is 12% interest( the 12% was on the summons)

Message 9 of 40
SSH0126
Established Contributor

Re: Don't know what else to do please help again.

Who and where should I send this info? and does anyone have a template that I could use?

Message 10 of 40
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