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Terryson7
Joined: 03 Nov 2009
Terryson7's page
Posts: 1
43 Magic Points
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Subject: I have a civil judgement on my credit and I was never served
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Tue Nov 03, 2009 5:02 am
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I recently had a background check and trans union sent me a notice informing me of the company doing this. On the notice is stated a public record as a Civil Judgment, there is a Docket number and the amount owed. I have never received D. V Letter and or any summons- I was never served for this. Have they Violated the F.D.C.P.A? Also, what can I do regarding this?? Any info will help.. Thank you
I live in California and the Statue of Limitations is 4 years. |
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goodnatured
Joined: 03 Nov 2007
goodnatured's page
Posts: 3735
10 Magic Points
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Tue Nov 03, 2009 11:49 am
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You will need to contact the court that the original summons was filed in, you should be able to find that information out from the credit report as well. It should be the court in your jurisdiction.
You may also want to contact the court directly and see what is on file, you can do this by contacting the clerk or prothonotary office in the court house.
All the paperwork should be on file, you may need to get an attorney to fight it seeing that they have already gotten approval on the judgement. |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4124
1011 Magic Points
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Tue Nov 03, 2009 11:58 pm
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This is what amazes me. How do they get a judgement if they can not show they contacted the person they were suing. I have seen this so many times asked on here and ho is a person suppose to appear if they do not receive the summons.
Don't you have to sign for a summons? I had always thought this is what you had to do. Anyway Goodnatured is correct, once the judgment is granted and you do not dispute it with in thirty days it usually needs an atty to help with getting it removed. Also the regular SOl does not apply to judgments. If you look under your states SOL there will more than likely be a seperate one listed for judgments and I believe they are also renewable. |
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debranewell2008
Joined: 10 Oct 2009
debranewell2008's page
Posts: 417
7184 Magic Points
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Wed Nov 04, 2009 1:39 am
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| I always thought a cop was suppose to deliver it to you. I think the whole law thing is messed up when it comes down to this. I believe they do what they want to and that is that. |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4124
1011 Magic Points
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Wed Nov 04, 2009 6:17 pm
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| You know I was thinking about just how much we all learn from this site and how long it took to learn it. There are so many ins and outs to the credit and debt world that we surely may never know all there is to know. Sometimes when I find a question on here I will go do a search but not come up with a solid answer. They will eventually have to issue a college course on all this for anyone to truly know and understand all there is to credit and debt. |
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goodnatured
Joined: 03 Nov 2007
goodnatured's page
Posts: 3735
10 Magic Points
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Thu Nov 05, 2009 3:27 am
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Oh god, a college course, I think I could teach it, LOL.
No really, I think most people here are experts in the field because they have learned from their experiences and as you said doing the research to help others out. I would not want an educational institution taking a subject like this on, I can not imagine how they would interpret and screw it up. |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4124
1011 Magic Points
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Thu Nov 05, 2009 7:35 pm
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| I would not want it either..A lot of us have learned a lot from dealing with our situations but somewhere along the line there has to be the one place you learn all the ins and outs. Look at the different fields..debt collectors and credit repair just to name two. Most would have to know all the rules and regs. I am sure they all do not go on the internet and self learn. Even loan officers from the bank know the rules concerning credit. I just wondered if there was actually some type of course that was given. |
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goodnatured
Joined: 03 Nov 2007
goodnatured's page
Posts: 3735
10 Magic Points
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Sat Nov 07, 2009 1:51 am
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| I am sure that the financial institutions have classes that their people that work for them have to attend and that they have to keep up with the laws and how they change. |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4124
1011 Magic Points
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Sat Nov 07, 2009 2:00 am
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| Probaly. I was just thinking about how many many years ago my tanning bed lady opened up a debt collection agency. I never heard of such a thing at the time until she told me about the accounts she bought for almost nothing and then hired people to call and try to collect on them. Most were still teenagers. she bragged ubout how lucrative it was. Just think about half of these collectors and who they really are. We would be amazed. |
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goodnatured
Joined: 03 Nov 2007
goodnatured's page
Posts: 3735
10 Magic Points
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Sat Nov 07, 2009 3:16 am
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I supposed if you were descent with people you really could make some money, I mean think about it, if you are called from a collector and they treat you like a human being then you try to work it out with them right, I know I have in the past. If they are nasty, then I don't pay them.
I have gotten rid of all my old debt, it is such a relief, I keep everything current now. thanks to this site and the debt site, it took a while but I finally got to a point of peace. |
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