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Looking for quick input on Charge off

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RobertEG
Legendary Contributor

Re: Looking for quick input on Charge off

If it went to trial with a result of default judgment, the court record shows some acceptable notice of service on the plaintiff.

That is part of any pre-trial processing of the action.  It is one-sided, so you can contest if you have a factual basis.

 

You need to review the court record to see how they showed proper service, and then determine if that meets the process in your jurisdiction.  If not, a motion to the court to dismiss based on improper service can be made. 

 

As for an account still reporting a balance after a charge-off or judgment, if they still own the debt, that is accurate.  A charge-off does not relieve any obligation on the consumer for the full debt, or preclude continued collection on the full amount.

If they sell the debt, they must update to report $0 now owed to them.  It leaves the debt balance unreported until such time as the new owner decides to report, so one viewing your CR would not be able to determine whether it has been satisfied.

 

Message 11 of 12
ktl72455
Valued Contributor

Re: Looking for quick input on Charge off

Ok I am understanding this alot more now!

Thanks for all the help!!!

From MI.
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