CA has served papers in another state without notification
Date: Fri, 04/15/2011 - 00:07
Chase bank froze my accounts due to a court order. My Debit and ATM card was closed. My initial discussions with Chase revealed that their Court Order and Levies department received a post garnishment judgment letter from an Asset Acceptance attorney in relation to Miami-Dade Civil Court order. Chase froze double the amount from the order and added a $125 legal fee.
My scenario is long and complex; and I will attempt to give the short story. I am not here to rationalize any series of events; validate my actions; or discredit the debt. My goal is to deal with this matter in such a way to avoid any additional complications. Hence, I am looking for savvy individuals who understand the debt collection industry and legalese. This request is not in place of obtaining professional legal advice. Below are general points in my scenario; consider them hypothetical.
Asset Acceptance (AA) obtained a post garnishment judgment through the Miami-Dade Civil Court. They served the papers to the garnishee, Chase Bank. The original debt may relate to a student loan from over 15 years ago. The US department of Education managed the loan. Around 2006, the US Department of Education assigned the debt to Van Ru Credit Group. I believe that around this time that AA may have gotten involved; possibly by purchasing the debt. The US department of Education may have not assigned the debt to AA.
I have a freelance and highly competitive career; thus find myself underemployed and moving from employer to employer. I have not lived in the said county for fifteen years and reside in California. AA may have served several employers with a post judgment garnishment since 2006. I may know of two such employers, who may have acted as the garnishee. These employers may have paid around 80% of the judgment to date; covering 120% of the principal. The employer payroll service did not forward the defendant any supporting documents on these judgments, yet may have given a verbal indication of a court order. When I am working, the hours follow 14-16 hour days with very little personal time for handling complex matters under normal business hours; and I had no problem with paying the debt off when working.
AA has not sent any official notifications to the defendant current address. The collection strategy became more apparent with Chase Bank; as Chase sent me copies of the court documents. AA has been submitting paperwork to the Miami-Dade Civil Court and serving California garnishees (which they can do). Apparently, AA has sent notices to an old Florida address in accordance to their motion; not to any California address. The US Department of Education has had this address for more than six years. Apparently, Asset Acceptance can track California garnishees and bank accounts, yet stumble on something like the current address. My thoughts are that AA strategy is to give the defendant little recourse to dispute the motion in California.
So as result, AA has compelled me to proceed with caution. I have several concerns listed below and need advice.
I may request a debt validation/verification from AA including all payments, interest, fees, formulas, and garnishees. I read that the CA may only provide me with the debt amount, which leaves me concern about the transparency. Please let me know the key documents or terms for this chain of title request. Any examples on wording the request for garnishee and formulas would help.
I am concern that other garnishees may continue to deduct from my paycheck if they re-hire me after this debt have been settled with AA. What safeguards could be put in place to avoid this complication? Again, when I am working I will not have time to deal with these matters.
Could Asset Acceptance buy additional debt with my name/ss# and use tactics already in place? Could I request no additional collection by said company outside this debt?
I may even explore the Statue of Limitation in relationship to my credit report. But if I settle the debt then AA may claim paid in full and active for 7 years? Do you have it on your credit report for another seven years? How does one request AA to not reply to credit verification by the credit reporting agency?
Any additional information will help me in dealing with this scenario and addressing this obligation.
My scenario is long and complex; and I will attempt to give the short story. I am not here to rationalize any series of events; validate my actions; or discredit the debt. My goal is to deal with this matter in such a way to avoid any additional complications. Hence, I am looking for savvy individuals who understand the debt collection industry and legalese. This request is not in place of obtaining professional legal advice. Below are general points in my scenario; consider them hypothetical.
Asset Acceptance (AA) obtained a post garnishment judgment through the Miami-Dade Civil Court. They served the papers to the garnishee, Chase Bank. The original debt may relate to a student loan from over 15 years ago. The US department of Education managed the loan. Around 2006, the US Department of Education assigned the debt to Van Ru Credit Group. I believe that around this time that AA may have gotten involved; possibly by purchasing the debt. The US department of Education may have not assigned the debt to AA.
I have a freelance and highly competitive career; thus find myself underemployed and moving from employer to employer. I have not lived in the said county for fifteen years and reside in California. AA may have served several employers with a post judgment garnishment since 2006. I may know of two such employers, who may have acted as the garnishee. These employers may have paid around 80% of the judgment to date; covering 120% of the principal. The employer payroll service did not forward the defendant any supporting documents on these judgments, yet may have given a verbal indication of a court order. When I am working, the hours follow 14-16 hour days with very little personal time for handling complex matters under normal business hours; and I had no problem with paying the debt off when working.
AA has not sent any official notifications to the defendant current address. The collection strategy became more apparent with Chase Bank; as Chase sent me copies of the court documents. AA has been submitting paperwork to the Miami-Dade Civil Court and serving California garnishees (which they can do). Apparently, AA has sent notices to an old Florida address in accordance to their motion; not to any California address. The US Department of Education has had this address for more than six years. Apparently, Asset Acceptance can track California garnishees and bank accounts, yet stumble on something like the current address. My thoughts are that AA strategy is to give the defendant little recourse to dispute the motion in California.
So as result, AA has compelled me to proceed with caution. I have several concerns listed below and need advice.
I may request a debt validation/verification from AA including all payments, interest, fees, formulas, and garnishees. I read that the CA may only provide me with the debt amount, which leaves me concern about the transparency. Please let me know the key documents or terms for this chain of title request. Any examples on wording the request for garnishee and formulas would help.
I am concern that other garnishees may continue to deduct from my paycheck if they re-hire me after this debt have been settled with AA. What safeguards could be put in place to avoid this complication? Again, when I am working I will not have time to deal with these matters.
Could Asset Acceptance buy additional debt with my name/ss# and use tactics already in place? Could I request no additional collection by said company outside this debt?
I may even explore the Statue of Limitation in relationship to my credit report. But if I settle the debt then AA may claim paid in full and active for 7 years? Do you have it on your credit report for another seven years? How does one request AA to not reply to credit verification by the credit reporting agency?
Any additional information will help me in dealing with this scenario and addressing this obligation.
Here is the link to the debt validation page: http://www.debtcon
Here is the link to the debt validation page:
http://www.debtconsolidationcare.com/validation.html
You'll get all the key details of debt validation from the above page. I don't think your paycheck will be garnished after you have settled debts with AA. You can sign a written settlement agreement with AA so that they can't add any more debt. Paid in full will stay on your credit report for 7 years but it wont hurt your credit score.
Er none of that really matters to this particular situation. OP
Er none of that really matters to this particular situation.
OP, you really need to get ahold of the court papers and see what all has happened on this. If you were sued anywhere but your current residence county, then you can have the judgment vacated due to improper service and venue.
Now, if it was a student loan, they don't need to sue you..they can just automatically garnish you. Contact the dept of education and find out.
The US department of edducation rarely sues anyone.....you would
The US department of edducation rarely sues anyone.....you would have to have a balance in excess of 100K.
Could it be a private loan??? Those regularly sue.
