[rattlecanpaint]

Hi all. I've been contacted by Unifunds headhunters for a bad credit card debt. The put out a Judgement on me and I didn't know what to do, so I ignored it. (Brilliant I know ) They then had me served papers by the local sheriffs department about repossessing personal items. I went through everything with the sheriff over the phone where he asked me about owned vehicles and such and it all boils down to "they could take everything I own and still not satisfy the debt." I tried to settle with Unifund over the phone but we couldn't come to an agreement so I then told them they were not going to ever get a dime from me. (Which is still true). They haven't ever provided me with anything stating that they actually own the debt (Which from what I've read is pretty common practice since they probably don't actually own it.) I've now been served a "Notice of Exemptions" by the Sheriff. I've filled it out as best I can. I still don't own anything worth their time. My question is, should I send it back or sent them a dispute letter instead or both?

[Cada]

There's no reason why you can't send both but judging from what you've said they probably won't respond to the dispute letter. The problem as I see it is, even if you have no assets now you may have some later and there's nothing to stop Unifund from waiting until you do or from selling the judgement to another collector. Depending on your state laws, collectors could hound you for years.

My suggestion would be to contact an atty for a consultation. Sometimes they offer free or low cost consultations. Or...contact Bud Hibbs at assistance@budhibbs.com, he may be able to offer you some suggestions.

[rattlecanpaint]

So if they were to sell the debt, would the new debt collector have to put out a judgement on me that I could then fight from day one? Or would the old Judgement still stand? My other option for the Notice of exemptions is to request a hearing to do this rather than just send in the paperwork. Would it be wise to do this as it would possible offer me some free help in getting it right? (I'm assuming they would have someone there to be sure it's filled out correctly.)

[Cada]

It's my understanding the actual judgement will still stand and the original judgement amount will continue to increase from interest and other charges if your state law allows. If the judgement is sold, all the new collector has to do is go through the process of locating assets.

I don't know anything about the process or who would be involved but maybe requesting a hearing would allow you to tell your side of the story or dispute the debt to whoever oversees the hearing. If you can't afford an atty, try Legal Aid in your area for help.

[Massive]

rattlecanpaint, on 07 December 2011 - 05:56 PM, said:

So if they were to sell the debt, would the new debt collector have to put out a judgement on me that I could then fight from day one? Or would the old Judgement still stand? My other option for the Notice of exemptions is to request a hearing to do this rather than just send in the paperwork. Would it be wise to do this as it would possible offer me some free help in getting it right? (I'm assuming they would have someone there to be sure it's filled out correctly.)

If it was me I would file a Motion to Vacate Judgment. I would cite that the court record lacks any authenticated evidence that Unifund owns the alleged debt and that the judgment is void ab initio and a complete nullity from the beginning. The judgment should be declared void as a matter of law. There is no more evidence in that court file that Unifund owns that debt than if a complete stranger said they owned the debt. If they used an "affidavit of debt" I would attack that in my Motion to Vacate also as being total hearsay and a fraud upon the court.

[rattlecanpaint]

Massive, on 29 January 2012 - 02:05 AM, said:

If it was me I would file a Motion to Vacate Judgment. I would cite that the court record lacks any authenticated evidence that Unifund owns the alleged debt and that the judgment is void ab initio and a complete nullity from the beginning. The judgment should be declared void as a matter of law. There is no more evidence in that court file that Unifund owns that debt than if a complete stranger said they owned the debt. If they used an "affidavit of debt" I would attack that in my Motion to Vacate also as being total hearsay and a fraud upon the court.

Does this sound like a good idea to everyone else? It means I have to take a day off work and drive 3 hours one way to the courthouse but I'm willing to do this if it works.

[Cada]

If I couldn't afford an attorney to represent me, I would do it. It's better to try than to be be stuck with a judgment. If I read it correctly, a judgment in NC is for 10-years and can be renewed indefinitely. I know it's hard to give up a days pay and make such a long drive but this will seem like nothing compared to what the amount owed on the judgment could turn into over time.

[Dunned Again]

rattlecanpaint, on 02 February 2012 - 12:31 AM, said:

Does this sound like a good idea to everyone else? It means I have to take a day off work and drive 3 hours one way to the courthouse but I'm willing to do this if it works.

It would be better if you would seek a consumer attorney. From my experience, many consumer lawyers will work with you on payments. I would contact Bud Hibbs. Going Pro Se works for some more experienced in law but most get ripped apart in court by experienced attorneys. There is no such thing as instant attorney.

[Massive]

rattlecanpaint, on 06 December 2011 - 08:06 PM, said:

Hi all. I've been contacted by Unifunds headhunters for a bad credit card debt. The put out a Judgement on me and I didn't know what to do, so I ignored it. (Brilliant I know ) They then had me served papers by the local sheriffs department about repossessing personal items. I went through everything with the sheriff over the phone where he asked me about owned vehicles and such and it all boils down to "they could take everything I own and still not satisfy the debt." I tried to settle with Unifund over the phone but we couldn't come to an agreement so I then told them they were not going to ever get a dime from me. (Which is still true). They haven't ever provided me with anything stating that they actually own the debt (Which from what I've read is pretty common practice since they probably don't actually own it.) I've now been served a "Notice of Exemptions" by the Sheriff. I've filled it out as best I can. I still don't own anything worth their time. My question is, should I send it back or sent them a dispute letter instead or both?

I'm doing a little research, did they file an affidavit of debt in regards to your lawsuit? I'm hoping you went to the court house and obtained a copy of the filings.

This post has been edited by Massive: 06 February 2012 - 03:04 PM

[DelaneJ]

rattlecanpaint, on 02 February 2012 - 12:31 AM, said:

Does this sound like a good idea to everyone else? It means I have to take a day off work and drive 3 hours one way to the courthouse but I'm willing to do this if it works.

WHY 3 HOURS AWAY ? HAVE YOU ALWAYS LIVED AT YOUR PRESENT ADDRESS OR DID YOU LIVE IN THE COUNTY IN WHICH THE COURTHOUSE IS LOCATED AT THE TIME YOU MADE THE ALLEGED DEBT ?

THE LAW SAYS " YOU ARE TO BE SERVED AND SUED IN THE COUNTY OF RESIDENCE, OR IN THE COUNTY IN WHICH YOU RESIDED AT THE TIME YOU BECAME INDEBTED."

WERE YOU SERVED AT YOUR PRESENT ADDRESS...IS YOUR PRESENT ADDRESS IN THE SAME COUNTY AS THE COURTHOUSE ? IF YOU WERE SERVED AT YOUR PRESENT ADDRESS, AND THE COURTHOUSE IS IN ANOTHER COUNTY...WHY MUST YOU APPEAR IN ANOTHER COUNTY ?

HMMM.. SOMETHINGS NOT RIGHT HERE...YOU MAY HAVE BEEN SUED IN THE WRONG VENUE (WRONG COUNTY)...IF SO THIS IS A LEGITIMATE REASON TO VACATE THE SUIT/JUDGEMENT.

This post has been edited by DelaneJ: 06 March 2012 - 03:55 PM

[DelaneJ]

rattlecanpaint, on 07 December 2011 - 05:56 PM, said:

So if they were to sell the debt, would the new debt collector have to put out a judgement on me that I could then fight from day one? Or would the old Judgement still stand? My other option for the Notice of exemptions is to request a hearing to do this rather than just send in the paperwork. Would it be wise to do this as it would possible offer me some free help in getting it right? (I'm assuming they would have someone there to be sure it's filled out correctly.)

FIRST OF ALL...never ever send in paper work of this nature. Always prepare your exemption docs and have it notarized( preferably by a BK Attorney who is up to speed on current law)INDICATE ON THE DOCUMENT THAT " A COPY OF THIS DOCUMENT HAS OR WILL BE SENT TO THE PLAINTIFF'S ATTORNEY OF RECORD BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED Once this is done, make three copies...TAKE ONE COPY(DON'T SEND) TO THE COURTHOUSE AND SIGN IT IN FRONT OF THE CLERK, and have the clerk STAMP and file it.
Send one copy to the plaintiff attorney, and keep one copy in your legal file...from now on !

It is important to file these copies within the time frame specified by your local rules( see your summons) otherwise you may lose your right to exemptions.

If you haven't already, I suggest that you google:

"North Carolina Bankruptcy Laws / Exemptions
(subject to change...check with your attorney)

If you should ever receive collection letters for any debt,in the future, it's a good idea to immediately send a copy of your notarized doc to the collection agency,along with your request to validate the 'alleged debt" as this may put their collection effort to sleep, as they realize that they may spend more to collect than they recover, and in fact may not recover

I suggest that in your letters that you state" My exemption documents have been previously filed at the Court House in my county, and will be filed again if litigation becomes an issue.( and you will need to file this doc every time you are sued)

It will be a good idea to have a Bk attorney prepare your doc for you, as State Laws are subject to changing.

Good luck !

[DelaneJ]

rattlecanpaint, on 02 February 2012 - 12:31 AM, said:

Does this sound like a good idea to everyone else? It means I have to take a day off work and drive 3 hours one way to the courthouse but I'm willing to do this if it works.

CONSIDER THIS: HAS UNIFUND PROVEN THEY OWN THE DEBT ?

"In Unifund CCR Partners v. Cavender, No. 2007-CC-3040, 14 Fla.L. Weekly Supp. 975b (Orange Cty. July 20, 2007), the court held that a debt buyer "assignment" that does not refer to specific accounts does not establish ownership by the plaintiff, nor is testimony based on a computer screen sufficient:
The Court has reviewed the documents presented by the
3
Plaintiff, Bill of Sale and the Assignment, and finds that they fail to sufficiently identify the accounts that were assigned or sold to the Plaintiff. Neither the Bill of Sale nor the Assignment indicate the account numbers or names ·of account holders. They do not provide any information that would allow the Court to determine if the alleged account of Defendant was one of the accounts sold or assigned to the Plaintiff. Without any indicia of ownership that would sufficiently identify the true owner of the account at the time that Plaintiff filed this action, the Plaintiff is unable to prove that it had standing to bring the action. An assignment is the basis of the Plaintiffs standing to invoke the processes of the Court in the first place and is therefore an essential element of proof. . . . .

[Gordon121]

Let's back track in time.
You said you were served judgement. Were you ever served actual Summons?
JBD are notorious to serve you in the wrong address, get default judgment, and them come look for you in the right address that they "magically" become aware of.
If you were never served, the judgement should be set aside as a matter of law for defective service, and/or that court did not have jurisdiction on the matter since you lived in another county.
I would re-examine any papers Unifund had filed with the court in your case.

[tonyny]

rattlecanpaint, on 06 December 2011 - 08:06 PM, said:

Hi all. I've been contacted by Unifunds headhunters for a bad credit card debt. The put out a Judgement on me and I didn't know what to do, so I ignored it. (Brilliant I know ) They then had me served papers by the local sheriffs department about repossessing personal items. I went through everything with the sheriff over the phone where he asked me about owned vehicles and such and it all boils down to "they could take everything I own and still not satisfy the debt." I tried to settle with Unifund over the phone but we couldn't come to an agreement so I then told them they were not going to ever get a dime from me. (Which is still true). They haven't ever provided me with anything stating that they actually own the debt (Which from what I've read is pretty common practice since they probably don't actually own it.) I've now been served a "Notice of Exemptions" by the Sheriff. I've filled it out as best I can. I still don't own anything worth their time. My question is, should I send it back or sent them a dispute letter instead or both?