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any advice on sueing ca

Date: Tue, 05/19/2009 - 06:31

Submitted by anonymous
on Tue, 05/19/2009 - 06:31

Posts: 202330 Credits: [Donate]

Total Replies: 3


i was sued 2006 for then husbands premarital debt. I and husband both got a default judgement against us. In 2009, noticed judgement on cf. I contacted other party involved and got nowhere. I filed complaint w/ attorney general and just got it vacated. If this was an individual account as reported on cf, and the ca(assigned) made it joint by sueing me & obtaining judgement when NO contractual evidence exists..Do i have a legal recourse? Any ideas? FDCPA violations?


They do that often. At least you were able to have the case dismissed due to improper service (I am assuming that is what happened). It was probably dismissed without prejudice, which means they can come after you again for it.

If they try again you can likely have it dismissed with prejudice, it seems to me that it might be past the statute of limitations. When did this debt first default? What state was it in? What state are you in now?


lrhall41

Submitted by Chrys Henderson on Wed, 05/20/2009 - 03:56

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i'm in the great collector state of ohio..so i know its still within sol..but its not my debt..premarital cc debt of his only and my name is nowhere on the application(before we even met) and i was not an authorized user or anything like that..definately not my debt...it was vacated due to i was not married to him when services were rendered as filed within the summons...the debt was charged off septemeber 2002-can they just sue me because i am married to him now when no documentation exist to cennect me to the debt? my order from judge does not say dismissed with or without prejudice..it just says"ordered, adjudged and decreed the judgement entry agains me is hereby vacated and the above captioned case against me is hereby dismissed" so what does that mean? can they sue me again? is there a violation called the "really ain't my debt dumba$$ attorney if you would read the file you would know that-contractual law"in the FDCPA? lol...so is there anything i can do pertaining to legal recourse at this time or should i just be satisfied with vacation? i'm looking at buying a new home and this "minor" messhap has ceased the process...


lrhall41

Submitted by on Wed, 05/20/2009 - 05:49

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They will probably give up and sell it off to another agency, so you may hear something again about it in a few months or so. If some other agency decided to try and sue you again, at that time you can have it Dismissed with Prejudice.

But yes, enjoy the vacation....

In the meanwhile, file a dispute with the Credit Reporting Agencies on whose reports that alleged debt appears on. Send them a copy of the court order with the part where the judge vacates it because it is not your debt clearly marked.

So to answer the other question, sure they can sue you - anyone can sue anyone. Most aren't going to waste their time if it is so obvious (like this case) that it will likely get thrown out and they would have wasted their time and money. But one thing this Community proves, is that some collection agents do not have the brain power to figure that one out.... :|


lrhall41

Submitted by Chrys Henderson on Wed, 05/20/2009 - 20:32

( Posts: 2538 | Credits: )