I am starting this letting you all know that i know CRAP about CA and the laws that regulate them. A few years back a default judgment was issued against me that I did not know about by an attorney used for Portfolio Recovery Associates. Now, when I was contacted by them initially they neglected to mention ANYTHING regarding a lawsuit and before I knew it there was a judgment and I received a letter stating that since I did not appear in court....well, you know the rest. Long story short, I was never served. I did petition the judge's decision due to this and was told it was insufficient. Well, I ended up PIF not knowing about PFD. A while after all of this occurred I decided to look online to see if I could locate and view all of the paperwork associated with the case. Well, the atty for PRA used their own process server and upon reviewing their affidavit of service I knew for a fact that I was not served. According to the affidavit he served me personally at my home and wrote a decription of me that was completely and undeniably inaccurate! I have made several attempts at contacting both parties regarding their errors and asking them to have the judgment vacated and removed from my credit reports with no response. Is there anything that can be done or am I basically screwed??? Any help would be appreciated.
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- MarneVietVet, myFICO moderator
You need to spend some time and money IMMEDIATELY and hire a lawyer to sue this company and process server for FRAUD/MALICIOUS PROSECUTION, Etc. take the time and do this...It will be well worth it in the end. You cannot and should not let these people get away with these types of actions. Get the papers filed ASAP, and do NOT drop this matter; you will win in the end, and try and recover all your costs in the process. Good luck!
What if OP doesn't have the money to hire an attorney to start this process? Is there anything that can be done by OP?
Try this link to the National Association of Consumer Advocates.
From a BK years ago to:
EX - 3/11 pulled by lender- 835, EQ - 2/11-816, TU - 2/11-782
"Some people spend an entire lifetime wondering if they've made a difference. The Marines don't have that problem".
Thank you for the advice. Just wondering if I should send a letter of some sort to PRA, the atty and the process server in regard to possible litigation against them just to give them the opportunity to rectify this of their own "good faith"including a copy of the affidavit of service in which I was supposedly served . Or do I just go in guns a blazing with a lawyer??? I just can't wrap my head around all of this, so I apologize for seeming naive.
A Class Action suit against PRA was just certified in US District Court. The suit is for pre-suit misdeeds.
Sending a letter to someone that fraudulently certified legal service and asking them to be nice sounds like flogging a dead mule to me. They probably know they are crooks and expect a certain number of people to be upset.
I hope you get somewhere but it won't be easy.