PN financial JUDGEMENT Pending

Anonymous · ‎07-13-2009

I just got a letter from PN Financial saying the following:

FINAL NOTICE OF ENGAGEMENT

Because you have refused to address this debt despite being given every oppotunity to do so, be advised that by July 15th 2009 if you have not accepted our terms and conditions, we will have exhausted all voluntary methods of resolution. Our intentions are to seek whatever legal remedies are available... Since you have not made payment we have turned your account over to our attorneys and instructed them to commence suit without further delay. There is still time, however there is a time contraint to avoid a judgement you must resolve this matter by July 15th 2009.

But this is the first time i heard from them about this account. I've heard from other CAs about this account I've been trying to deal with for a while now but every time i DV the CA reporting the account, it seems to be resold to another CA. PN Financial isn't even reporting on my CR, and actually, there is currently no CA reporting this account on my CR. Only the OC is reporting this account.

I don't know what to do. I have the money to pay but i want to make sure i'm paying the right person. But if PN financial really does have a judgement pending on me, i want to take care of it asap. Any advice will be greatly appreciated! I could provide more info if necessary. Thank you!

Also, there's a docket number on the letter. Is there any way to check if there really is a judgement pending? Thanks again.

-Jason

Anonymous · ‎07-13-2009

Sounds bogus, and this is the second letter like this I've seen posted about.

What you're looking at is an intent-to-sue letter. They're saying that they intend to sue you. You have not yet been served. You can verify the docket number with your local courts, but I suspect that it's there just to scare you. If it's a real docket number, then they have filed suit, but are giving you some time before they serve you to settle the case. It just sounds fishy.

So. Call your local courts, and find out if they have a case associated with you for this docket number. Creditors usually sue you where you live. But you also might check jurisdictions where you might have lived with this debt previously just to be sure. But since they have your current address, that would be a pretty big mistake on their part. Many courts are online, so you may not even have to pick up the phone. Or call your County Clerk to find out how you would find this out. They can give you the numbers for the court clerks.

You can go ahead and DV. You can also check with the OC to see if this is the current CA and/or if they will take payment from you directly. That would be ideal. But you may have to deal with the CA.

I think they don't have to respond to your DV before they file suit. But I've seen it argued here that a DV will halt the process until they respond. Where I am, that doesn't work. The courts here don't consider filing a suit the kind of collection activity that has to stop during the DV process.

Anonymous · ‎07-13-2009

Thanks Jesslyn. I called my county court and asked if there was any pending judgement under my name. They said they couldn't find anything but that i needed to provide a case number, which i don't have. The only thing PN Financial wrote on the letter is **JUDGEMENT PENDING** and a Docket number of the form ######-CA-####. I'm thinking it is a bogus docket number, but is there anything else i could do to make sure? I live in orange county in CA, by the way.

Thanks again for your help.

Anonymous · ‎07-13-2009

Try the docket number. Docket number can refer to the case number, or to the number of the document on the docket. In this use (in the letter) of docket number, I would assume it's the case number.

Depending on how egregious this is, you might have a complaint with the local bar association, either for misrepresenting the status of the case, or for unauthorized practice of law. Probably weak arguments, but I don't look at this as good faith collections. The docket number makes it look more official than it is. At a minimum, I would probably let the state AG know and file a complaint. Maybe it doesn't come to anything, but this is a shady practice. Might as well make them explain themselves.

Message Edited by jesslyn on 07-13-2009 02:40 PM

Anonymous · ‎07-13-2009

Ok. I tried giving the clerk the docket number but she said she can't find anything and kept asking me for a case number. Then, I used Pacer to search for the docket number or any case under my name and couldn't find anything. I guess the "JUDGMENT PENDING" threat is bogus then. I'm planning on sending a DV letter but the only address on the letter for PN Financial is a PO box number. Is that ok? Should i send the DV letter certified mail to the PO box? Thanks again.

Anonymous · ‎07-13-2009

Based on what I read, you may want to contact Francis and Mailman Law Group. They specialize in these types of cases. You can google them. If the CA has crossed the line legally these attys will make them pay! Good Luck!

RobertEG · ‎07-13-2009

I suggest that you read FDCPA 807, which deals expensively with false or misleading representations in connection with the collection of a debt.

What I would be really suspicious of is any docket number they have provided to you that you cannot substantiate through the clerk of the court as being legitimate. This is a big-time violation of at least FDCPA 807(9) and (13)..

Violations of FDCPA 807 subject the party to civil action on your part under FDCPA 813.

Message Edited by RobertEG on 07-13-2009 10:37 PM

Underh20 · ‎07-14-2009

The "docket number" on their letter does not mean that they have already filed against you rather a term they are using to intimidate you into paying.

It would be highly unlikely for a creditor to give a debtor a "warning" as mentioned by another poster because a) there are time constraints on the time a plaintiff has to effect service and, most importantly, b) by giving you a warning they would also be giving you an opportunity to take evasive actions to avoid service.

Anonymous · ‎07-14-2009

@RobertEG wrote:
I suggest that you read FDCPA 807, which deals expensively with false or misleading representations in connection with the collection of a debt.
What I would be really suspicious of is any docket number they have provided to you that you cannot substantiate through the clerk of the court as being legitimate. This is a big-time violation of at least FDCPA 807(9) and (13)..

Violations of FDCPA 807 subject the party to civil action on your part under FDCPA 813.
Message Edited by RobertEG on 07-13-2009 10:37 PM

Robert found the specfics before I could, but I have read that as well. And I believe this would be your bargaining chip for having them remove ALL negative information regarding this account from your report before you counter sue for their violation of this act. Perhaps an inexpensive lawyer could help you write a letter to them in response noting the violation on their behalf.

Anonymous · ‎07-14-2009

The thing is, PN financial ISN'T reporting anything negative on my CR. They're not reporting at all. No CA is. Only the OC reports the account as "account sold" and honestly, i'd rather avoid having to hire a lawyer, if at all possible. I'm so tired of this. I just want to get it over with. I just want to make sure i'm not getting sued, and that i'm paying the right person.