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Zombie Debt? Capital One/Midland Credit

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Super Contributor

Re: Zombie Debt? Capital One/Midland Credit

@LaHossBoss If it came up in 2015 but has to be within a year of falling off actually it had to go and be charged off before it went to collections so it has to be within six months of aging off. And that’s if they were on the ball. Check your dates.

@Slabenstein You can file a motion for relief from judgment if a judgment was entered without proper notification to the party. But you have to do it within a reasonable time period of learning of it.

-Our Community’s updated scoring wisdom: Link to Scoring Primer.
-For Negative Reason Codes see: CassieCard’s Score Factors thread.
-ccquest’s workbook to calculate metrics for you: Link to Workbook.

Oct 2020 New Account Scorecard.Nov 2020, No New Account Scorecard (reassignment conflated with aging. EX9 not updated yet. Oldest/avg varies. Estimates above.)
Real world mortgage maxes are: EQ5-818, TU4-839, EX2-844.


RIP:
(Everything said is JMHO and is not endorsed by FICO or MF. I have no affiliation with either, just a grateful member.)
Message 11 of 15
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Frequent Contributor

Re: Zombie Debt? Capital One/Midland Credit


@Slabenstein You can file a motion for relief from judgment if a judgment was entered without proper notification to the party. But you have to do it within a reasonable time period of learning of it.

All that's required for proper notification in this state is that a notice of service be taped to the door of an address that the creditor gives the court.  Makes default judgements pretty easy for CAs to obtain, since they can just give an old address and the debtor will never know that they were legally served.


Message 12 of 15
Super Contributor

Re: Zombie Debt? Capital One/Midland Credit


@Slabenstein wrote:

@Slabenstein You can file a motion for relief from judgment if a judgment was entered without proper notification to the party. But you have to do it within a reasonable time period of learning of it.

All that's required for proper notification in this state is that a notice of service be taped to the door of an address that the creditor gives the court.  Makes default judgements pretty easy for CAs to obtain, since they can just give an old address and the debtor will never know that they were legally served.


@Slabenstein maybe that's all that's required for them to acquire a default judgment, because the default is typically entered due to the defendant's failure to respond and assert any defense, but that does not satisfy the notice requirements of the Due Process Clause of the Fifth and Fourteenth Amendments to the United States Constitution.

 

So it's really irrelevant what state you're in. If you don't do anything about it, then yes it sticks. But you do have a remedy if in fact proper notice wasn't given. Under the Fifth and Fourteenth Amendments to the U.S. Constitution you can move for relief from judgment for failure to afford proper notice. 

There's two types of notice/Service of process: personal and constructive. Personal is when a lawfully appointed official delivers it to the person or to their place of residence under certain circumstances which may vary by state, but must meet the minimums set forth by the Constitution. (if it's no longer their residence this may not qualify as proper service.)

 

Constructive service is typically available when a plaintiff is unable to perform personal service. A prerequisite to constructive service is a reasonable and diligent search by plaintiff to attempt personal service. If personal service is not possible, constructive service is typically permitted.

 

Constructive service varies by state but typically requires publication in at least two regularly circulated publications for around four weeks consecutively.

 

so bottom line, if they served at an address that was no longer good and that would've been apparent had they made any effort, the service is deficient and fails to satisfy the minimum requirements of notice (as interpreted by the USSC) and the judgment is void and subject to relief from judgment basically. 

now if you found about it and sat on it for a couple years and didn't do nothing, you gave up your rights. However, if you just recently learned of this information and you act expediently, you should be entitled to relief, under federal law, I don't care what state. (Equitable tolling.)

 

not legal advice, of course. Consult legal counsel and read the law in your jurisdiction.

-Our Community’s updated scoring wisdom: Link to Scoring Primer.
-For Negative Reason Codes see: CassieCard’s Score Factors thread.
-ccquest’s workbook to calculate metrics for you: Link to Workbook.

Oct 2020 New Account Scorecard.Nov 2020, No New Account Scorecard (reassignment conflated with aging. EX9 not updated yet. Oldest/avg varies. Estimates above.)
Real world mortgage maxes are: EQ5-818, TU4-839, EX2-844.


RIP:
(Everything said is JMHO and is not endorsed by FICO or MF. I have no affiliation with either, just a grateful member.)
Message 13 of 15
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Frequent Contributor

Re: Zombie Debt? Capital One/Midland Credit

Thanks for the tips.  I'll have to see if I can get more case info.  Since we think it was the result of ID theft, who knows what address was served originally.  A lawyer might cost more than just paying the judgement, but it's something to consider.


Message 14 of 15
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Super Contributor

Re: Zombie Debt? Capital One/Midland Credit


@Slabenstein wrote:

Thanks for the tips.  I'll have to see if I can get more case info.  Since we think it was the result of ID theft, who knows what address was served originally.  A lawyer might cost more than just paying the judgement, but it's something to consider.


@Slabenstein As sharp as you are, I'm sure you'll do just fine pro se. 

-Our Community’s updated scoring wisdom: Link to Scoring Primer.
-For Negative Reason Codes see: CassieCard’s Score Factors thread.
-ccquest’s workbook to calculate metrics for you: Link to Workbook.

Oct 2020 New Account Scorecard.Nov 2020, No New Account Scorecard (reassignment conflated with aging. EX9 not updated yet. Oldest/avg varies. Estimates above.)
Real world mortgage maxes are: EQ5-818, TU4-839, EX2-844.


RIP:
(Everything said is JMHO and is not endorsed by FICO or MF. I have no affiliation with either, just a grateful member.)
Message 15 of 15
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