Vacated Judgment-Now what, go after the OC? Please Help

[Anonymous]

New member, first time poster, any assistance would be great.

Quick version (will try my best):

1. Domestic partner (DP) signs up for a credit card, puts me down for a second one without my knowledge or permission (written or verbal)
2. Card goes to CA
3. DP hides the letters from me (used to get home before me)
4. Summons received in the mail in June to appear in court on this matter for July 11, 2008
5. I have it out with DP, problem solved
6. I contact CA, state that this is not my debt, I never knew of this card nor gave permission for it to be issued in my name
7. CA states I have burden of proof, I turn this around on them stating that their client has burden of proof and that I will file a complaint against them and their client if this is not resolved
8. CA goes behind my back 1.5 weeks prior to court date, contacts DP, states that if he sets up a payment plan he can avoid court for both of us
9. Under the pressure, DP agrees
10. I find out, rip my partner a new one, then contact CA
11. They state they will call me back within one business day with a resolution to the issue (it's Monday morning)
12. I knew they wouldn't call back like they said, and sure enough, the next Monday comes around (July 14) I have to contact them again
13. CA states, oops, lawyer already went to court, judge already ruled in favor of CA and OC, must not have received correspondence stating to terminate court date and civil action against me and my DP
14. I inform the CA that I am now going to sue them for various violations (some of which occured during discussions with them...threats, etc.) and tell them I am recording this call and for them to not contact me or my DP by phone any more and that all correspondence needs to be in writting
15. The CA frantically tries to call over the next few days, leaves messages ranging from threats to apologies
16. I call the CA back a few days later and let them know that I provided digital audio files of their voicemails to my lawyer and that they just sealed the deal in this matter for me
17. Two weeks ago, the letter from the District Court below arrives at my house:

"Upon the ex parte application of (CA's lawyer's name), Attorney for Plaintiff, GE Money Bank, and upon all the files, records, and proceedings herin and it appearing to the Court that vacation of judgment against Defendant herein, is in the best interests of the parties, pursuant to the agreement of the parties, it is hereby ordered that said judgment entered in favor of GE Money Bank and against (my name), Defendant, on July 15, 2008 in the amount of $1,068.46 is hereby vacated of record and the Clerk of (county name) County District Court is hereby directed to vacate, discharge and dismiss without prejudice said judgment forthwith."

Notice how the letter above states the judgment was made on July 15, 2008, yet the summons said the court date was July 11 and on July 14 the CA told me it was too late. Funny that they went to court the day after they told me it was too late, this means they filed for a new court date at some point during this process. Mute point now.

So, bottom line, does this mean that I am no longer responsible for the debt and now I can send letters to the OC (copying the CA?) stating that I am requesting this debt be removed from my CRs?

Does this really mean what I think it does? How long do I give them to do this? Do I have to deal with the CA any longer?

Any help would be greatly appreciated.

Best regards;

Kawika K. K. (I hate when they lie, it's makes it too easy!)

Message Edited by kawika77 on 08-18-2008 08:02 PM

Message Edited by kawika77 on 08-18-2008 08:04 PM

Message Edited by kawika77 on 08-19-2008 05:30 AM

[Anonymous]

BUMP

[Anonymous]

BUMP, please held, still no suggestions and going into the second day soon seeking guidance.

[Anonymous]

You don't have to worry about evet being sued again- and could consider taking your own legal action.

The start of this post was not clear if theis was a "Joint" account- or you were an Authorized user. 

How to handle to OC might be tough-  I say disputing directly with the OC prior to doing anythng with the CRA's.

Get an affidavit of fraud http://www.ftc.gov/bcp/conline/pubs/credit/affidavit.pdf and send it allong with the dispute letter. Send it CMRRR.  

[Anonymous]

Timothy:

Thank you for responding, sorry I sent you a personal message on this, I just didn't know who to turn to and how to proceed.

This was an account opened by my domestic partner. The OC offered to have a second CC issued in someone else's name as an authorized user of the account. When my partner asked them if my credit would factor into their decision making process they said yes. Being that I had; and still do, better credit than him, he went for it. The problem, he never asked me, I never gave permission in any form, the OC never contacted me to verify my compliance with this request and my domestic partner hid the letters the OC sent to me for quite some time.

Will filling out and filing the affidavit of fraud with the OC cause my partner to get in trouble? I feel that while he did have this card issued in my name without my permission, he was going along with and trusting the OC who in turn should not have issued a card in my name without my permission.

Message Edited by kawika77 on 08-19-2008 09:18 PM

[Anonymous]

Filling out the AoF won't do anything to him-

If this was an AU account and you never used the card- a simple "not mine" should remove the OC.

I still say go directly to the OC prior to disputing with the CRA-

[Anonymous]

Adding someone as an AU is VERY easy. 

It s the account holders responsiblity to get permission- not the banks, as the account holder is the one that is suposed to be on the hook for the charges.

[Anonymous]

Thanks again for the insight.

[Anonymous]

Makes sense, but you think the bank would just double check sometimes, but I guess one lesson I have learned through my years of dealing with these organizations, they don't care.

[Anonymous]

Sounds like a joint account to me.

Is this reporting on your CR? How does it show, joint or AU?

Have you seen any statements from the OC, does it show your name?

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kawika77 wrote:

Timothy:

Thank you for responding, sorry I sent you a personal message on this, I just didn't know who to turn to and how to proceed.

This was an account opened by my domestic partner. The OC offered to have a second CC issued in someone else's name as an authorized user of the account. When my partner asked them if my credit would factor into their decision making process they said yes. Being that I had; and still do, better credit than him, he went for it. The problem, he never asked me, I never gave permission in any form, the OC never contacted me to verify my compliance with this request and my domestic partner hid the letters the OC sent to me for quite some time.

Will filling out and filing the affidavit of fraud with the OC cause my partner to get in trouble? I feel that while he did have this card issued in my name without my permission, he was going along with and trusting the OC who in turn should not have issued a card in my name without my permission.

Message Edited by kawika77 on 08-19-2008 09:18 PM

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