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LC1227

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25 People Helped
If my report calls a collection account "closed" and a "charge off", can a collection agency sue me?
A collection agency has subpoenaed me to to file an appearance in court, which I did. They then requested that the court grant them a default judgement against me for failure to respond (which I obviously did). The court denied their request saying that I am not a party to the debt. The collection company then did it again, asking the court for a default judgement because I had not "replied". They continue to send me bills and they continue to threaten to sue as they've been doing for over a year. The account is marked as "charged off" and "closed" on my credit reports. By the way, I do not think I owe this debt. My questions are "can they sue me? and "can they continue to try to collect?"

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Helpful to 27 out of 32 people

1st off anyone that has a claim against you must provide proof that you are infact the person responsible for the debt. I would send them a DV letter asking for proof that this debt belongs to you. Request the name of the original creditor, original amount supposedly owed,  the date of the 1st delinquency and proof that they have the right to collect this debt. You also need to determine your state's SOL, and then determine whether this was an oral, written etc. debt. Knowing all of this info will provide you with a much greater method of not only elliminating this from your credit reports, but also stopping the nonesense CA do to try to collect on debts...this may very well be a "Zombie" debt, but you wont know until you request a DV, which by law you are allowed to request at ANY time. If you need addition help, let me know....I have no issue dealing with junk debt collection agencies. :)

2 Contributions
9 People Helped

Wow

Helpful to 9 out of 11 people

This is a new one for me and I am not an expert.  But I would think if the court made a ruling that you are "not a party involved"  seems to me they are in the wrong now.  I would suggest getting a free consult with a lawyer.  You may be able to sue them for damages and have all this removed off your credit report.  What was the outcome to the second time they tried to sue you?  They tried and didn't get a judgment against you.  Usually once a court rules that should be it.   If you have a copy of the courts ruling that you are not a party.  Dispute you reports and follow up by sending them this documentation.  But if it were me persoanlly I would be seeking an attorney.  Good luck

Top Contributor
84 Contributions
77 People Helped

No debt if court already ruled

Helpful to 2 out of 2 people

If court already ruled you are not party of the account,  then you owe nothing.   But the collector is trying to have a do over.   If you fail to appear,  judge could rule without knowledge the court had already ruled on the case and they get the judgment they want.    Always respond and bring previous court paperwork with you.   Judge might slap them with contempt of court for resubmitting instead of appealing.   I would file complaint with Consumer Finance protection  agency.   That should stop this nonsense.   Be sure to dispute the account with all three credt bureaus and provide court documents that shows the debt is not yours to get it removed from credit report. 

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2 People Helped

dkptgco

Helpful to 2 out of 3 people

no, they cant sue you because they have already subbmitted the debt to government agaency as a charge off, which means they are to receive a tax redit for the lost revenue. this would be double jeopardy. it sounds like they are trying to be greedy. Now certain debts that are charged off may make you liable for the interest accrued on the principle balance during the time it was in collections. Because the irs still wants to collect what they can (interest only) on that charged off debt, because they lost potential (future earnings ie; taxing collection agency on the money they may ci=ollected on the debt) Still in my opinion, a form of double jeopardy, but without the principal amount in the equation.

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Helpful to 0 out of 2 people

I dont think they can sue you , but from my experience they will just garnish your pay after so long of not getting a payment., They send the paperwork right to your employers Payroll Dept. and withdrawl so much out of every time you get paid.  they gonna get there money one way or another.

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