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cacv of colorado, llc judgement that is 5 years old

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i had a judgement filed at my local courthouse back in 2006. The problem that i have is that i received the summons for court but after reviewing the case files it does not show a date to appear in court. so what can i do to get this resolved?




Did you ever call the court to find out the court date?? You received the summons...did you respond to it???

They only way you are going to get the judgment resolved is to pay or settle it off.

Sub: #1 posted on Fri, 08/03/2012 - 13:22

SOAPLADY SOAPLADY
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I see I am not alone here!

CACV of Colorado stands for Collect America Collection Vehicle and is not only "wholly owned" by Square Two Financial Corp, they are a dumbie subsidiary Square Two uses to purchase debt. They are very well known for this type of tactics!

I know of this all to well and have been battling them for the last 5 years. Here is what they done (despite a few said I was full of BS). Square Two Finacial bought my identity theft account from a bank which is illegal. They then used a number of their franchises to obtain my credit reports and listed to the credit bureaus of all things "Tenant Screening" of all things so they could obtain my credit reports. The then "qualified" me for legal action based on my credit report, which is also illegal and my credit was really good. So they got an attorney in my state to file a civil suit against me and hoping for a quick default judgment. I didn't know anything about the judgement until I my insurance company hiked my rates and I called them. They said I was a higher risk due to the default judgement. So I did a public records serarch and sure enough my insurance company was right.

How they do this is to get your credit report and it lists your prior addresses. They then instruct the court who doesn't know any different to send the summons to the old address. You don't get it becuase you didn't know about and CACV gets a quick easy default judgement.

Soaplady, you told me that you were are an ex-attorney, correct? I am surprised that you didn't tell him that this is improper service and that a judgment CAN be reversed!

What you need to do is contact your local Clerk of Courts within the county you live in and tell them the situation. Also send a letter to Clerk of Courts explaining the situation. You can do this yourself, but I highly recommend getting an attorney for this and especially with dealing with these guys!

Make sure you tell the Clerk of Court that you were not aware of any judgment and you were improper serviced and you are seeking info on legally getting it reversed. It WILL NOT BE EASY, but it can be done. Have them check the records to see if the court got back the certified mail reciept. In my case they did and we can't seem to find or figure out who this guy is or where he lives that signed mine.

You are going to have to prove that you did not get a summons and you were not aware of the judgment. And be aware that it can take a long time. You may have to an attorney help you to file a new complaint as I had to do because I was past the SOL to challenge it.

I got mine over turned but then they quicky filed another suit and changed the account numbers. The first case got I was aggressive and the court ordered they amend their complaint in a short time. Well it got dismissed, becuase CACV didn't have the documentation they needed. That didn't stop them. It can take 6 months to order records from a bank and that is what they did and refiled a second suit against me. Likewise I filed a suit against them and the bank for false reporting and a ton of other stuff.

Again, contact your clerk of court right away! Contact an attorney as well! There is no promise that you can get it over turned, but if you can show grounds to do so as I did, it can be done.

Sub: #2 posted on Wed, 08/22/2012 - 17:02

mrconsumerprotection mrconsumerprotection

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This is a unregistered poster who like most unregistered posters, never return to the forum. I don't waste much time going into great detail.

Sub: #3 posted on Wed, 08/22/2012 - 17:11

SOAPLADY SOAPLADY
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I agree Soaplady! However, on the flip side there is the potential that the thread and/or post is found by someone else. It may inform them so you do have to look at it from that aspect. And that is exactly how I found this site... a search of some collectors. So its not a total waste! Yet I have seen the trends in all sorts of forums that a lot established posters perfer the one liners.

Sub: #4 posted on Thu, 08/23/2012 - 05:14

mrconsumerprotection mrconsumerprotection

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it looks by all account that the OP was served properly.they just didn't do their footwork as there is no court date until there is an answer(or no answer).hate to say it but there is nothing the OP can do at this point except do as soaplady advised.even if this was in 2006 judgemments have an SOL of 10 yrs,amd renewable after that.the OP had 20-30 days to respond and file an answer.after that they are not notified further and thus the default.i know cach/cacv is a bottomfeeder,but sounds like they got the default and it was the OP'S fault.

Sub: #5 posted on Thu, 08/23/2012 - 05:41

paulmergel paulmergel
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Quote:
Soaplady, you told me that you were are an ex-attorney, correct? I am surprised that you didn't tell him that this is improper service and that a judgment CAN be reversed!
Huh?? Where is the improper service?? The OP said they DID get a summons but probably didnt answer it or show up in court.

Sub: #6 posted on Thu, 08/23/2012 - 06:04

SOAPLADY SOAPLADY
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