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Civil Judgement

Date: Tue, 11/27/2007 - 07:39

Submitted by belle11128
on Tue, 11/27/2007 - 07:39

Posts: 79 Credits: [Donate]

Total Replies: 13


Last year I was served with a law suit from Wolpoff & Abramson for a credit card debt from an old credit card account that went to Centurion collection agency. I wasn't smart about what I could do and I chose not to go to court to fight this. I received a default judgement against me in this case. I have since learned more of my rights by reading threads on this site and others. I haven't heard from anyone about this until this past weekend. I received a letter from Wolpoff & Abramson saying that they need my asset information or they will supoena me for a deposition. The problem is that the letter states that the judgement is from Pallisades Collection not Centurion. What should I do next?? Send them a letter and tell them that I am not sending the information because I don't have a judgement against me from Pallisades or should I fill out the paper?? Also when I pulled my credit report a few weeks ago this supposed law firm has inquired on my credit more than 12 times. Is there a way to block them from doing inquires on my credit?


You have received a voluntary info statement.If you refuse they can go to court to demand that information.Send them a letter instructing them you want a copy of the judgment and a copy of the assignment paperwork since it looks like this judgment was sold at least once. If you have any doubts about costs you are also entitled to a copy of the updated affidavit of costs.


lrhall41

Submitted by cajunbulldog on Tue, 11/27/2007 - 08:08

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If possible I would consult an attorney on this. Go to NACA.com and you will find attorneys listed by their location and experience. The state you live in has a lot to do with how protected your assets are. I imagine if you had a lot of assets you would have paid this. You can choose to go back to court or list your assets but because you have a defult judgement I would call the attorneys and try to work out payment arrangements if you can't afford an attorney of your own. If you go back to court for a deposition you will be paying their attorneys. As far as I know you can't block the inquiries you asked about!


lrhall41

Submitted by Frogpatch on Tue, 11/27/2007 - 08:09

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I was sued by a collection agency that was represented by a law firm. The original creditor was HSBC and then Centurion bought my account and then Wolpoff & Abramson sued me on behalf of Centruion. I have since learned that they are all the same company and include many more collection agencies. This particular "law firm" files hundreds of suits each day. They even provide clerks to the court to help process their claims.

My question even though the assest request form states the wrong plaintiff in the case should I still fill out the form? I have no assests and in the state of Texas we have very good protection from wage garnishment etc. I just don't know if I am spinning my wheels and just delaying the end result.


lrhall41

Submitted by belle11128 on Tue, 11/27/2007 - 08:29

( Posts: 79 | Credits: )


HSBC is the worst! I had a card with them that fell behind. I wrote to them to make arrangements and they sued me without even responding. I went to court and mediation and wound up paying legal fees on top of the money I owed.
Bulldog is great when it comes to dealing with these people. His advice is alway good!


lrhall41

Submitted by on Tue, 11/27/2007 - 09:31

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I was doing some research about the SOL online and for most accounts the time is 4 years in Texas. I looked at all 3 of my credit reports to try and find out when I defaulted on this account from AT&T and there is nothing listed from them. The only thing is the collection agency that purchased this debt. Since I have no proof of when this actually defaulted does anyone have any suggestions as to how to find out? I think it has been at least 3 but could almost be at the 4 year mark. I sent a validation letter to them today I am feeling somewhat confident since AT&T did not report me to the credit bureaus maybe my chances are good??? I am hoping.


lrhall41

Submitted by belle11128 on Tue, 11/27/2007 - 14:30

( Posts: 79 | Credits: )


Does anyone know if you can appeal a civil judgment? I was looking today and I think that the suit I mentioned above might have been out of the SOL when the decision was rendered. If there is an appeal process how do you go about it? I have already requested the items that cajunbulldog suggested.


lrhall41

Submitted by belle11128 on Tue, 11/27/2007 - 16:06

( Posts: 79 | Credits: )


Belle..if you are in Texas then you have some leverage. Send a DV letter, it doesn't matter if you are past the 30 day thing they always say because Texas law just specifies that anytime you DV, they -have- to respond, not just stop all collection attempts, but actually respond.

Demand the information in a DV, if they even bother to send anything, you will have the date and you can go from there.


lrhall41

Submitted by goldenbast on Tue, 11/27/2007 - 18:46

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