[Nero1234]

Had a Providian credit card in 1999 that I thought was paid off. Long story short, a Collection company "Commonwealth Financial Systems" purchased the debt last year. In June they filed a Judgement and lost. Their lawyers came in with only a Trans union credit report and my lawyer blew them away. No sales slips, signatures, nothing

After thirty days there was still no appeal to the Judgement made. Then I started receiving collection notices from another collection agency hired by the same company, Commonwealth Financial Systems" who lost the first case. They hired Edwin A Abrahamsen Associates P.C. They sent standard collection notices etc. for a few weeks. Then just this week 8/5, I started receiving foreclosure advertisements from companies that can save your property. I didn't know what the heck these were about (never missed a mortgage payment) but received four mailings in one day. Nothing official of ocurse, just advertisements and some with a case file on it. (A ruse most likely used by Edwin).

Then I received a summons to appear in common pleas court. Although, just prior to this court summons they sent me a standard collection notice that gave me 30 days to respond per FCRA regs. Violation? I think so. Plus, they already lost a case and had a Judgement against them without making an appeal. They went right to Common Pleas.

Their paperwork shown it was filed in July which is almost at the 30 day limit to appeal but I just received notice on August 8.

Oh, by the way, some of the Foreclosure ads had the same case file on them!

What's is in my favor? I plan to fight and fight and then if all is lost go BK (if needed of course).

[Margie1950]

Had a Providian credit card in 1999 that I thought was paid off. Long story short, a Collection company "Commonwealth Financial Systems" purchased the debt last year. In June they filed a Judgement and lost. Their lawyers came in with only a Trans union credit report and my lawyer blew them away. No sales slips, signatures, nothing

After thirty days there was still no appeal to the Judgement made. Then I started receiving collection notices from another collection agency hired by the same company, Commonwealth Financial Systems" who lost the first case. They hired Edwin A Abrahamsen Associates P.C. They sent standard collection notices etc. for a few weeks. Then just this week 8/5, I started receiving foreclosure advertisements from companies that can save your property. I didn't know what the heck these were about (never missed a mortgage payment) but received four mailings in one day. Nothing official of ocurse, just advertisements and some with a case file on it. (A ruse most likely used by Edwin).

Then I received a summons to appear in common pleas court. Although, just prior to this court summons they sent me a standard collection notice that gave me 30 days to respond per FCRA regs. Violation? I think so. Plus, they already lost a case and had a Judgement against them without making an appeal. They went right to Common Pleas.

Their paperwork shown it was filed in July which is almost at the 30 day limit to appeal but I just received notice on August 8.

Oh, by the way, some of the Foreclosure ads had the same case file on them!!

What's is in my favor? I plan to fight and fight and then if all is lost go BK (if needed of course).

Depending on your State, you might have passed the statute of limitations. You would always "owe" the bill but if you go to court and raise the issue of statute of Limitations it would make you judgement proof.

[excon]

Hello Nero:

Filing a new case ISN'T filing an appeal. If they lost the first time around and DIDN'T file an appeal in THAT case, they can't sue again. Just take the prior judgment with you to court.

excon

[kennedy184]

If they lost the first time which is called a default judgment and didn't file an appeal another company may assume the debt and sue and they probably went to COCP if the bill was over $12000