Quick questions...

First you check out the local court clerk if there is a real lawsuit against you. Now if there is a judgement of which you are not aware of or not served properly, you may need to file a motion to vacate it. But in any case do not pay the collectors without proper validation.

I have no intent to pay. ALL claims are beyond SOL as of Dec 2008.
It's been well over a year since claims have expired.
So, as I see it, Alpine Credit has NO right to be collecting, or making threats!
Especially since SOL on ALL claims expired well before Dec 2008!!

Need to see IF I can find court information online, and check.
Filing all necessary complaints, and other necessary paper work.
Also plan on filing necessary complaint(s) with Denver AG office.
And any other agency necessary.

Planning to try and fight this to the end.
Could always use some extra cash! More so, if from someone trying
to extort, or otherwise, on something that has NEVER been proven, several times over!

Anyway, enough of my ranting!! I gotta take a nap before getting ready for work tonight.

Thanks again for any help and/or information.

Ditto what SC said and all the usual....

But consider this as it pertains to SOL: They don't have to obtain judgment by expiration of the SOL, all they have to do is file their case by then. If they filed a civil complaint prior to last December 2008, while the SOL was still intact, then you can't use SOL as a defense.

Granted, if they didn't serve you properly then you can have that judgment vacated. But that isn't grounds to have the case tossed over SOL; all they would have to do is re-serve you properly, and then they can still get their judgment.

So just a thought. I'm not trying to defend the creditor; but a lot of people don't understand how SOL relates to the filing of a case, and not actually to the date judgment is entered.

IF they had actually filed way back then, wouldn't I have been notified??
Or would that be their way of avoiding the law(s), in an attempt to get default judgement??

Gonna get a DV out anyway, as soon as I can create one.
Need to find template first, and modify as needed.

Also thinking I may have to tear into them, after letter sent, if they
actually reply, which I'm kinda doubting. But, will see, once letter
sent and signed for. Will see how they react, before I decide how to react.

Either way, I'm gonna be filing complaints as needed, probably tomorrow AM.

Found a working website this AM.
Have just sent an E-Mail, requiring validation of claim.
Will be printing out hard copy, and mailing it CMRRR as well.
To cover my rearend!

Modified a previous collection attempt letter, to fit company in question.
Will be filing with Co AG and FTC in a minute.

Warned them that threat they made is not being taken lightly, and that complaints will, or have been filed and that other actions can and will be taken, as required.
Being it's New Years Day, I'm not expecting anything until at least mid week next week.
Gave them 15 days to respond.

May tell 'em off next time, depending on what kind of reply I get.
I really do NOT owe them, since I've never done business with them.
My opinion only.

kchahn,i never saw it that there is a judgement or case.was there?if not i wouldn't send a DV letter.i would go to NACA.NET get a consumer attorney in your area,and sue them.go for the jugular here.now if there is a default get the lawyer to vacate and sue as well.either way this place is begging to be sued,and should be.

If there was judgement, they never bothered to notify me.
And I suspect that it would have been that they knowingly
and willingly failed to notify.

Did contact the CEO of company though, warned him that they were
potentially violating several laws. Such as continued collection attempts on UNvalidated debt, failure to properly validate etc....

Will have to look into taking more legal actions though.
Still think they have no legal means for collecting, since claim is well
past SOL, which would have expired by Dec 2008.

you should check with you court clerk,and your credit report.either will show if there was a judgement.make sure first because that should determine your next course of action.if there was no case then sue them.if there was then have it vacated.then sue them.i'm serious.this place needs to be sued either way.

if they have a judgment against you (and you've already been told about how to proceed if you were unaware of a judgment) then they do not have to validate at this time. expect that as a response....

figured id go into a little more detail - post judgment, a request for validation does not legally need to be fulfilled. furthermore, such a request WILL NOT stop collections efforts. validation requests need to be made within the validation period after receiving the initial fdcpa letter. if you never received that or the summons then there is how you proceed. asking for validation now (this again is all assuming there is already a judgment) is useless and will only reinforce the notion to the agency that you wont be paying and they will need to execute to enforce the judgment. start off with the summons service and if you can successfully get the judgment vacated then you can request validation during the litigation process if they refile.

one caveat - there are some circumstances where a post judgment validation request does need to be fulfilled (assingment of the judgment to a new office).

Actually got a reply from Email sent out. What they still fail to realize, is they've never properly validated their claim, as required by law.
Yet, they're still trying to collect something that was NEVER validated to begin with. Sounds like I'll have to seriously look into filing complaints and/or consider legal actions.

Here's their alleged claim:

You have sent us two (2) of your absolutely ridiculous and threatening letters prior to this one. Frankly, they are silly. Do you really think you are going to scare or intimidate a collection agency with this internet nonsense?

We have provided you with verification of your debt prior to this and will not do so again. Your account has been reduced to judgment and we will continue our efforts to legally enforce payment.

Do not contact me again with your preposterous behavior.

Thomas F. Romola
President
[FONT=Arial][COLOR=#0000ff]Alpine Credit, Inc.


Problem is, they're lying. How they can manage to get away with it, is beyond me.
I WILL be filing complaints as required sometime today though.
Will NOT put up with their threats and/or lies.



[/COLOR][/FONT]

[QUOTE=kchahn;513756]Actually got a reply from Email sent out. What they still fail to realize, is they've never properly validated their claim, as required by law.
Yet, they're still trying to collect something that was NEVER validated to begin with. Sounds like I'll have to seriously look into filing complaints and/or consider legal actions.

Here's their alleged claim:

You have sent us two (2) of your absolutely ridiculous and threatening letters prior to this one. Frankly, they are silly. Do you really think you are going to scare or intimidate a collection agency with this internet nonsense?

We have provided you with verification of your debt prior to this and will not do so again. Your account has been reduced to judgment and we will continue our efforts to legally enforce payment.

Do not contact me again with your preposterous behavior.

Thomas F. Romola
President
Alpine Credit, Inc.


[FONT=Arial][COLOR=#0000ff]Problem is, they're lying. How they can manage to get away with it, is beyond me.[/COLOR][/FONT][COLOR=#0000ff]
I WILL be filing complaints as required sometime today though.
Will NOT put up with their threats and/or lies.



[/COLOR][/QUOTE]

do the latter.either way they are begging to be sued.whether you get the default vacated,or there never was a judgement they should be sued.that e-mail should say it all.talk about unproffesional.

BBB complaint filed. They are an uncredited business, with an F rating.
Unresolved complaints.
Working on Colorado AG complaint now.
Need to figure what next step should be, after this.

Just searched NACA.com website. Did find someone, in Grand Junction Co, that deals in these situations. Sent an Email to this individual, proving some oif the information listed here, to see if there's anything that can be done.
Hope to hear something back soon.

As stated before, BBB and AG complaints have been filed.

One other thing, company pres also claims judgement was from 2004.
Now, if that's the case, why did they choose to wait 5 YEARS before
making any attempt to notify me??
Why was i never notified, by anyone, of the situation?
As always, information is much appreciated.
Thanks.

Did think of at least one other question:

I bought a new truck in Sept 2004, with first payment in Oct 2004.
If Alpine claims judgement in 2004, wouldn't that have caused me major problems
when trying to purchase truck?
Nothing was mentioned at that time.

Have other thoughts, of potential FDCPA/FCRA violations as well.
Will comment on those later. Gotta get to bed for the night.
Information appreciated.
Thanks.

SOL in your state is 6 years. It is also 6 years for a judgment, although they can renew the judgment prior to expiration of that 6 years.

I'm still puzzled as to how you arent certain about there being a judgment or not--a call to the clerk's office will let you know.

I'm not certain. Company stated, in a letter recieved, that they had an account of mine, reduced to judgement. I sent an Email to the county court in Boulder, to see if they could provide me any information. Guessing it could be a couple of days. May have to contact by phone, or in person and see. Maybe next Monday, after Dr app't.

Just finished next step, by filing an FTC complaint.
Now, strongly considering filing a fraud report with police?
Since they still seem to attempt collecting an UNVALIDATED claim.
Have refused to send the required information that I required back in January.
Also intend to send updated reply back to AG office, disputing the comments made
by company, in response to my initial complaint.

Claim to do legal/ethical collecting. Aim to NOT be the biggest, just the best.
A real laugh there!! Especially when there's a couple of comments listed as to how bad they really are.

As always, comments/suggestions appreciated.
Thanks.