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If you have any problems with the registration process or your account login, please contact us. | Advanced Credit Repair - Dealing with Collection Agencies Discuss There is a judgement against a friend. in the CREDIT AND LEGAL ISSUES forums; I went over to his house today and he showed me a letter from a law office in PA. Although they have a judgment against him, the FDCPA still applies ...
04-26-2007, 03:12 PM
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#1 | | The One and Only!
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| There is a judgement against a friend. I went over to his house today and he showed me a letter from a law office in PA. Although they have a judgment against him, the FDCPA still applies when they try to collect it right? The judgment is from Cap One.
This is the letter Quote:
Dear Consumer;
As you are aware, a judgment was entered against you, in the above referenced matter. If you do not satisfy this judgment or contact this office to make payment arrangements within the nest 10 days, we will take the necessary steps to have the Sheriff conduct a sheriff's sale on your real and/ or personal property subject to execution in order to satisfy the judgment..
Now, that you are aware of the seriousness of the matter, we anticipate your cooperation in satisfying the judgment in order to avoid the necessity of the proceedings with this sheriff's sale.
Please feel free to contact our offices at 1-800 if you have any questions or if you would like to make payment over the telephone. Thank you for the attention to this matter.
THIS LAW FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT THIS DEBT FOR OUR CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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04-26-2007, 03:17 PM
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#2 | | HONORED GUEST
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| What post-judgment remedies exist in your friend't jurisdiction? Let's face it...when it is your property and wages that are subject to post-judgment remedy, you need to be up to speed on what can be done and when.
Validation technically exists, but all the sender needs to do is cough up the judgment. The underlying debt is a done deal, reduced to judgment. Unless he has a basis for an appeal, he needs to step back and evaluate options...
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04-26-2007, 03:23 PM
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#3 | | The One and Only!
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| Quote:
Originally Posted by centex What post-judgment remedies exist in your friend't jurisdiction? Let's face it...when it is your property and wages that are subject to post-judgment remedy, you need to be up to speed on what can be done and when.
Validation technically exists, but all the sender needs to do is cough up the judgment. The underlying debt is a done deal, reduced to judgment. Unless he has a basis for an appeal, he needs to step back and evaluate options... | He will be filing bankrupcy in a month or so, for now he told me that he contacted the CA and told them he was gonna make payments just to keep them off his behind until he files for protection. I was curious about the threats for sheriff sell, I guess is hard to prove that they did not intent to take that action. |
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04-26-2007, 03:53 PM
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#4 | | Elite Member
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| If you could forclose a regular judgment lien on real property, I'd be a very wealthy man.
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