Illegal Due Process
Date: Mon, 12/13/2010 - 12:33
What I want to understand is, being how fraudulent debt collection companies can be, how common is it for collection agencies to skip the due process, and file a deficient judgment with the court, (and thus a deficient judgement went garnishing wage accounts?)
If the debt collection agencies are doing this illegally, obviously, arent people going to fight back and the courts are going to know that due process wasnt served. Then, that puts the debtor in a category of being able to sue for damages.
So here is my question.
When people claim they were garnished, is it typically because they ignored going to court? Or, do the collection agencies purposely send to the wrong address. (which I think its stupid)
I've been involved with the courts before, (ie, divorce, adoption, a frivilous lawsuit) and its so important to sue the person properly. I can not imagine that the debt collectors would do this, it just seems really stupid, since it can be construed as FRAUD and STEALING.
Can someone shed some light on this? I would eat the debt collector alive if they did this to me. I want to be properly served so I can squash them in court.
Quote:When people claim they were garnished, is it typically bec
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When people claim they were garnished, is it typically because they ignored going to court? |
Some times that's a possibility. If you don't attend the court session the verdict could go against you. No, I don't think it's purposely being send to the wrong address. Once it's tracked to be aimed at the wrong address, the CA could invite problems for themselves.
Some times it's due to the negligence of the debtor e.g. not sending the DV letter to the CA reporting that collection account properly within the time frame.
Thanks for your response. It makes me feel better that there is
Thanks for your response. It makes me feel better that there is some type of system in place. Cach, LLC is trying to make me liable for a company that had debt, the company I used to work for. I am not libel for the debt. Bank of America, just had my name becuase i was the one that used to pay the bills. Now that the company has gone under, Bank of America has sold the debt to a junk buyer,CACH, and on the dunning letter, they list me and some account number. I sent them back a DV letter, however, now every month, they as the subscriber, they keep changing my address on my credit report, and using their subscriber status, put "consumer comments", (ie, pretending to be me), that was "currently disputing this account" which means that when I tried to dispute it, as ME, and tried to change the address as ME, the credit reports wrote back, "item already being disputed" so I could never get it off my credit report.
CACH is pretty dirty, and I am wondering if they are purposly changing my credit report address, and stealing my identity, just so they can get a quick judgment and avoid a fight.
I have all my ducks in a row, and can prove their sloppy Affidavit is fraudulent, and does not meet the requirements in my states. I have sent them three letters that they are violating the law by continuing to report false information on my credit report.
Not only that, but they are showing up on my credit repeatedly. Bank of America had several account numbers for the same account, in addition, when they merged with Lasalle, they issued additional account numbers for the same account, (in addition to mailling blank checks to a 20 year old address of the company I found out).
I can prove that these accounts are not mine.
I was involved in a frivolous lawsuit in Ohio, and after the fact, I found out that the court was under federal investigation for putting fake business liens on companies. Yeah, this guy goes around pretending that you sent him a fax, (which an unsolicited fax is against the law), and then he sued our company for mililons! For us to retain an attorney, (because the lawsuit was so heavy, it had every single telephonic law under the sun) each attonrey wanted at least $50K to take the case. Anyway, the scumbag lawyer knowing this, won. We were not able to defend ourselves, despite the fact the this scumbag lawyer, made up the fax, sent it to himself, and said we did it, then sued us. The Ohio court lets this go one, and this attorney has been doing it for decades. Every month, he just targets 200 out of state companies, and he files frivolous lawsuits, and the judges let him do this. Against our company however, the judge only gave him a default judgement of one fax, which is $1500 which the attorney claimed to be will full. (if was a proven an accident, then it would only be $500, but we were not there to defend).
So my point is, I understand that courts are crooked, sometimes they are just sloppy. With the debt collectors knowing this, I can imagine it would just be easier to take and steal money from someone than litigate. But then again, if someone stole money from me, I would prosecute, and I am sure that would get the Debt collectors in trouble, as I would imagine, like you mentioned.
At least that Ohio court is under Federal investigation, but that fact does not mean anything as they are still getting away with what they are doing.
Being that CACH stole my identity, I may have to prosecute since they are doing undue damage to me.
When I wrote them the letter about the deficiencies in their affidavit, I did not get a response. They are not suing or anything, (or at least not yet. .dont know if they are going to send a summons to the wrong address) but they are actively reporting false informaiton, (as me) so I can not even dispute my own personal information.
They seem really really erally really dirty to break a lot of laws.
Its good to know that most debt collectors dont want that type of liability. I heard that CACH was a billion dollar company or something like that. They are HUGE with franchises all over the place!
Quote:Being that CACH stole my identity, I may have to prosecute
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Being that CACH stole my identity, I may have to prosecute since they are doing undue damage to me. |
You may surely get them sued for actual damages.
I've seen creditors simply refusing to rectify wrong information. Credit bureaus can only report what the creditors would inform them.