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Any help? I was too late to get educated.

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aprilsjewels

Joined: 27 Jul 2008
aprilsjewels's page
Posts: 4

179 Magic Points

Subject: Any help? I was too late to get educated.

Sun Jul 27, 2008 2:01 pm

I have a judgement against me. Is there any thing that I can go back and do, now that I am aware of so much I could have done. But, I found you guys too late and already my debt has been sold to a debt collector and he has a judgement against me. Any help?

erb1953

Joined: 31 Dec 2007
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Posts: 631

8 Magic Points

Sun Jul 27, 2008 2:59 pm

How do you know there is already a judgement against you? Was the original debt with in the sol for your state? You will need to check this out because if it was past the sol, then they could not legally obtain a judgement against you.

aprilsjewels

Joined: 27 Jul 2008
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Posts: 4

179 Magic Points

Sun Jul 27, 2008 5:26 pm

No, I am one of the ones who, showed up in court, with no idea of my rights. Iwanted to tell the judge that I wanted to verify the debt, but was so petrified that I could'nt say anythng. I know that the debt has been charged off by the original debtor and then I began to get letters from an attorney who has been saying that he is prepresenting the original debtor. But, when I looked him up on line he is into buying debt and then trying to collect under the guise that he is representing the original debtor. So, I still sent a letter requesting a verification, even after the judgement to hopefully buy some time. Now, I have been served with Notice of Rights to have exemptions Designated papers. Where do I go from here?

fireyone

Joined: 26 Feb 2008
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Posts: 2861

2006 Magic Points

Mon Jul 28, 2008 3:18 pm

Wow Gn hope you can help here. This sounds pretty complicated. I really think peoples rights should be given to them when something like this happens. Even a law where a creditor has to verify a debt to the judge before they can take further action. The main problem is people find ou too late what they could have done. If they had been informed in the beginning trhey wouldn't have half the nightmare. It all seems so uinfair.

JPolito830

Joined: 21 Jul 2008
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Posts: 28
Location: Richmond, VA

948 Magic Points

Mon Jul 28, 2008 3:39 pm

I agree...where are the rights here? I think it is, and always has been, B.S.
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fireyone

Joined: 26 Feb 2008
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Posts: 2861

2006 Magic Points

Mon Jul 28, 2008 3:42 pm

It really is. They need to publish a hand book on all this. IK think there needs to be steps put in to place before a company can sue. First being the verification of the debt. I also think there needs to be a cap on how much in late and over the limit fees a company can charge.

CMBV22

CMBV22

Joined: 08 May 2008
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Posts: 378

4034 Magic Points

Wed Jul 30, 2008 8:36 pm

were you served? if not you can file a motion to vacate the judgement once it is paid
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fireyone

Joined: 26 Feb 2008
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Posts: 2861

2006 Magic Points

Thu Jul 31, 2008 1:41 pm

What do you mean about being served? How can they put a judgement against you if they didn't serve you and make you aware of the actions they were taking against you?

goodnatured

Joined: 03 Nov 2007
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Posts: 3138

5338 Magic Points

Mon Aug 04, 2008 11:55 pm

True, they should have serve you a summons.
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Goodnatured,

Trying to become and stay debt free, thank you for all your help and support!

fireyone

Joined: 26 Feb 2008
fireyone's page
Posts: 2861

2006 Magic Points

Tue Aug 05, 2008 1:00 am

I would think that is suppose to be the way it works but I am unfamiliar with this process. I just think your john or jane doe needs to be signed somewhere to show you were notified before they can damage your report with a judgement.

erb1953

Joined: 31 Dec 2007
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Posts: 631

8 Magic Points

Tue Aug 05, 2008 2:24 am

I would think that you should have gotten served a summons.

fireyone

Joined: 26 Feb 2008
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Posts: 2861

2006 Magic Points

Tue Aug 05, 2008 2:27 am

I wondr what the real answer is. Do you actually have to be served or not?

erb1953

Joined: 31 Dec 2007
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Posts: 631

8 Magic Points

Tue Aug 05, 2008 2:31 am

Yeah, I do believe that you have to be served, once you are served you have to answer with in a certain amount of time which is mandated by your state law, in Pennsylvania it is 30 days or they will get a judgement by default.

Now if you are constantly dodging it and they know you are in the area, I suppose there is something they can do about you purposely dodging them, like file a complaint with the court. Not real clear on the details.

fireyone

Joined: 26 Feb 2008
fireyone's page
Posts: 2861

2006 Magic Points

Tue Aug 05, 2008 2:35 am

Thnats what I was thinking. It just seems unfair if they would be allowed to put a judement on a person with out notification. BUT considering all the other things I think they get away with unfairly it wouldn't have surprised me.

erb1953

Joined: 31 Dec 2007
erb1953's page
Posts: 631

8 Magic Points

Tue Aug 05, 2008 2:37 am

I think that is why people need not freak out but to take the opportunity to get educated and learn about the subject. Credit can be good and bad and this is one of the bad.

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