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    vincearosa's Avatar
    vincearosa Posts: 2, Reputation: 1
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    #1

    Apr 6, 2008, 09:20 AM
    Fighting the Collection Agency and Judgement
    I have a situation with a collection agency that I am finding frustrating and a bit unethical. To give you a quick overview:

    I recently checked my credit report and was shocked when I discovered I had a negative mark on my credit as well as a judgment against me for the amount of $5,700.00. I immediately contacted the collection agency (Credit Consultant Service) and asked what this was about and requested any and all information regarding this that would validate this suit and debt. They would only send me a copy of a "credit card application" from 1998 (which was different from the actual creditor) and a copy of the judgment. (I now have learned that the judgment is Validation of debt). They refused to send anything else. Now that have a judgement, the refuse to discuss anything with me. I did notice that the mailing address on the judgement was from an address I had not lived in years. I was not hiding, I don't owe this debt! The credit card application was from Community Bank to which I use to have an Visa account but it was paid in full, never late and closed in Nov of 2000 and shows so on my credit report. I contacted the creditor "Robobank" whom refuse to discuss the debt as it has been sold and is no longer in their possession. I have never had an account with Robobank nor ever maintain any credit with them. I have never been served, notified or received any form of communication…. What do I do? How do I petition to re-open the cases? If I get them back in court, I can prove this is not my debt. I have some legal background. How do I petition the court to re-open the case? I live in California. I need to filke an order to sho cause and what else? I am frustrated and need help. Anyone?? TY in advance, Vince
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Apr 6, 2008, 09:33 AM
    You say you have the proof ----it was paid in full, never late and closed in Nov of 2000 and shows so on my credit report. Make a copy and send it to them.
    They refuse to send people anything proving or itemizing what they demand. My daughter might be losing her job with the military because the collection agencies refuse to send anything.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Apr 6, 2008, 10:22 AM
    First it is not uncommom for firms to sue someone with a similar name, heck I got served with child support garnishment papers about 3 years ago from someone with a similar ( but not same) name.

    So you go to the court where the judgement was from, you see what type of legal service was done, and you challenge it on improper service to start.

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