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Another quick question

Date: Tue, 01/12/2010 - 15:13

Submitted by kchahn
on Tue, 01/12/2010 - 15:13

Posts: 167 Credits: [Donate]

Total Replies: 2


All,
Another question about Alpine Credit, Arvada, CO.

Original thread can be seen here:

http://www.debtconsolidationcare.com/collection-agencies/alpinecreditinc.html


This crossed my mind during work recently.
I bought a truck in Sept 2004, with first payment in Oct 2004.
If Alpine Credit claims a judgement from 2004, that they refuse to prove, stating they don't have to!! Wouldn't that have shown up at the time I purchased truck?

Trying to find out if alleged judgement is real or not. Waiting to hopefully hear something back. If not real, what recourse might I have?

Have also been looking for lawyer. For consultation on possible
FDCPA/FCRA violations, and possibly bankruptcy. The later, I don't want to
do, but will strongly consider doing so, if necessary.

Just curious on this:

Could anything be done with truck, even if Dad is still listed on vehicle title?
After a hospital stay, pulmonary embolism, it was decided to leave Dad on title. As a "co owner" so to speak.

Anyway, enough rambling. Naptime before having to get ready for work later tonight.
As always, help and/or information much appreciated.
Thanks.


Hiya Keith,

First, the judgment will not always be reported to the credit bureaus. Sometimes it isnt reported until months later, sometimes it isnt ever reported on your credit reports. Dont count on that as an accurate indication here.

Second, if youre trying to find out about a judgment, the court clerk's office would be your best bet. Usually you can just call them on the phone and ask them and they should be able to tell you easily enough if you have any judgments against you in that county. Check with all of the counties, in all of the states, that you have ever lived in, as it is a well-known illegal trick for them to sue you in a place you no longer live. But your first step really needs to be to find out if this judgment really exists or not. If it doesnt, then sue them ASAP. If it does, then file motion to vacate due to improper service. And then, here's the beauty of it--if they improperly obtained a default judgment against you sometime in 2004, then chances are real good that the date of first delinquency was earlier than 2004. that being the case, this account would NOW be past the applicable statute of limitations and THAT would be your affirmative defense if you get it vacated and they try to sue again! They waited all this time and it will backfire on them....


lrhall41

Submitted by skydivr7673 on Tue, 01/12/2010 - 16:31

( Posts: 2036 | Credits: )


Appreciate the info!! Because of work schedule, I'll check in somehow on Monday.
Gotta get another Dr app't taken care of. Also guessing that stress of thinking about situation may be behind some of the major health related problems I'm undergoing! Had a BP today of 140/92. Normal, for me is between 120-125.
Thanks again.


lrhall41

Submitted by kchahn on Tue, 01/12/2010 - 20:12

( Posts: 167 | Credits: )