Certificate of Dishonor

[seeker]

Need some opinions on this ... sounds like a trick, but I know you guys will sniff it out if it is!


Took two credit cards through the VoD/protest process and received Certificates of Dishonor for both through a knowledgable third party.& That was several weeks ago.& Last week, I receive a call from the attorney office that are the "attorney of record" for the summons I received back in Sept. (we have delayed and postponed rather effectively to effectuate our remedy as per Code).& These guys have NEVER contacted us before -- not declaring themselves or anything besides the service.& I did the standard "I have no way of knowing who youre.& I don't do business over the phone.& If you have something you thing I need to see, put it in writing, sign it personally and send it along with an physical address where you can be reached."& To make a long story a bit shorter, she did.& Here's the kicker ... the first line reads "As you know, judgment was enter against you on& ."& No date and I know that no such action exists.& We certainly have not been notified.& She again demand payment and threatens gloom and doom if not done immediately.& Instructing that all communications and payments must go to their office. (period)


So, what's the game?& How do I respond?& Cease and desist? VoD?& Send me money?


Thanks!


&


Seeker

[rushpat]

Hmm... others may have different opinions, but I would ask them for:

1- Proof of judgment
2- Copy of their assignment of debt
3- Copy of their license to do business in your state (some state require that 3rd party debt collectors post bonds in the county where they try to do business... check your state codes)
4- Give them a time limit to respond (something reasonable like 21 days), follow up when they don't respond with all of the info, default, affidavit, record in country recorders office
5- Tell them to sign under penalty of perjury.

Others might say that you write them back and tell them that you don't deal with 3rd party debt collectors, that you don't want them to represent you in this matter, etc.

Whatever you do, don't ignore the letter. Get something back to them ASAP. I always use 72 hours as the max limit.

Any other thoughts here?

What rushpat said.


And I would surely emphasis a plain ol' fashioned pissed off DEMAND to see that "judgment."


And now that I think about it, the very next time some nimrod agent alleges a judgment and I can't "find" one at the courthouse, I'm going to ask the agents at the courthouse if there's anything that can be done about the bastards lying about it in the first place!


God, these "people" make me wanna spit nails.


Randy


&

[Jerseee]

Seeker,

This should be fun. Ask them to verify the debt and the usual codes that follow, then read the patriot Act and reference the part about terrorists threats and you may even call them terrorists. Do not mention the Certificates of Dishonor, keep that ace in your back pocket.

And courtesy copy your senator's office, congressman's office, the CRAs, and a few more public agencies. As well as a judge of a small claims court.

Just a thought

[seeker]

I knew y'all would have some great thoughts!& My only weakspot is finally going into court and asking for the dismissal.& I must admit I am still very nervous about it as I can't really find any Illinois case law to cite.& I know how people are using it, but finding the cases is proving difficult!& These people didn't even pop up until now, even though they are the attorneys of record on the court summons.& The letter says "This law firm is engaged in the collection of debts"& This makes them a bonafide debt collector, right?& Also, they only REFERENCE the CC, not using any of their internal numbers....makes me think that PERHAPS they have purchased the debt?& Or have knowledge of the CD and realize that if I don't dishonor, they aren't getting paid?


Just thoughts!


&


Thanks!& Keep sharing!


&


Seeker

[charlesa6]

So call collection attorney lies a lot of time to scare you to pay up as soon as you see such notice.
I have similar problem with one collection attorney that i send vod to validate the debt and respond in 21days.,but failed to do it and the time lapse. The collection no that the debt cannot be verified so he send the third party to write me a letter that the so call collection attorney already file the claim against me and qoute case #blah blah and he said if i didn,t received any summon in the mail i will get it soon. He want to represent me as a limited power attorney so he can negotiate with the collection before i get the summon. I didn't respond or call this guy or check the case number with the court if it is valid. I request my CRA record, the account show "Chargeoff". Uptill today i didn,t heard from the collection attorney nor the summon the third party was talking about. Now you see collection attorney always play game with your mind so you can give up very easy, don't for fall for it. Ask for the copy of judgement and send vod as soon as possible. In your vod the cease and desist should be included as part of FDCPA as codefied.

Chas

[Ice]

What rushpat suggested... and also ask for "proof of service" of the summons and complaint.& There is no way they can obtain a judgment without having served you the complaint and summons unless they perpetrated a fraud upon the court.


It seems as though this debt was purchased... and we know they cannot "purchase" evidence so they would not be able to put any evidence on the record in a court case.& If they ever do actually file a complaint... motion to dismiss.


&

[Jerseee]

Seeker,


This is one of the biggest reasons why I get the CRAs involved.& If they cannot verify it--then its not valid.& Especially, if they were reporting this fraudulent information to the public through the CRAs.


Check the court to see if there is anything like they are saying (bet there isn't) and if there is not, that's when its a terrorist threat (IMHO).

[rushpat]

If there really was a judgment, and you never heard anything about it, then perhaps they showed up and declared themselves your representation... more fraud. Let's talk jail time here.

Most likely, it is a lie. Remember, these are attorneys here.

[seeker]

I have a company that sends me a copy of my CRA when ANYTHING changes -- a hit, a new account, anything.& So if that judgment had been real -- I would have know immediately.& This happened with another credit card who obtained judgment without our knowledge (same attorney firm -- think there's a message here? In another post I explained how they crossed out the service on the first and penciled in the case # for the other.& Real legit, huh?& Jail Time??)


Anyway, this has been an ongoing case and unless they opened another case file, it has done nothing but been continued, and continued.&


So, I am thinking the VoD and the cease and desist ... can someone give me a clear idea on the Motion to dismiss?& The one in downloads is a blank filing doc and not too explanatory.& Don't want to screw this up and it's my first one!& Help!


Thanks.


&


Seeker