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[newstart18]

What is the name of your state? Ohio. A quick refresher, CA got a default judgement against my ex-wife in 11/01, we were separated at the time but still married, I signed for the letter from the court at my address, she was already moved out. The judgement was for 2 accounts, both old charge offs, one either not even hers or ancient (it accounted for 2/3 of the judgement). The other one was likely beyond SOL for collections at the time. There was no notification of the judgement, the CA (of course) disappeared until last month to allow 1+ year to pass before coming hard after her. Last month's letter threatened garnishment of wages if she does not pay in full, she will lose her job, etc. She sent the CA a certified letter offering 20% as settlement while stating: (1) the accounts are either ancient or not even hers (2) if she cannot settle she will file bankruptcy (is already ready to do so) and the CA will get nothing, and that she can only borrow so much $ from family to do so. They have not responded. She has also gone to the courthouse and picked up the necessary papers to file an appeal, despite the fact that it's been 1.5 years since the judgemment. I have gotten mixed feedback on this site regarding her appealing this thing, from "it's worth trying" to "it's worthless to try". In doing some research, I found the Federal Rules of Civil Procedure 60(b), which seems to give the courts some leeway on the 1 year deadline. It states "if a party misses the one year deadline to assert complaints about errors in the judgement listed in FRCP 60(b), two avenues of relief remain". One of those avenues would seem to be the following: "FRCP 60(b) - Substantive Error - (6) any other reason justifying relief from the operation of the judgement". Doesn't this leave the door open? She was never personally served, and did not know about this judgement until now. The CA admitted in their complaint to the court that they have none of the original documentation on either account, no signed agreements, etc. Anyway, is there any harm in trying to appeal? What could it hurt? The judgement amount (interest, etc.) is ludicrous, almost half of it is interest on accounts the CA has no documentation for.

[Ladynred]

I remember the details

While the legal eagles here may disagree, unless its going to cost her a lot of $$$ to try the appeal, I'd at least try it, it certainly can't hurt much.

Considering ASSet's own admission that they cannot prove the debts its worth a shot in my view. IF she succeeds, ASSet is going to have to prove the debt(s) if they want to try again, and you say they're all past the SOL anyway.

[newstart18]

Agreed, and thanks, Ladynred. What is with these CA's anyway? Since my ex sent the settlement offer letter, she has gotten 3 new letters from CA's about other debts. Is there a "vipers' forum" out there whereby they contact one another? 1 of the 3 letters is from the same CA that got the judgement against her. But, instead of getting a letter responding to her letter, they sent a letter about a completely different account, another old out of statute debt. The collection letter begins with, "We believe you are a homeowner" (which she is not, she rents). Their last letter, about the judgement and garnishment, said "the placing of the extra burden on your employer could cause you to lose your job". For those on this forum who believe the collection industry is rife with animals who seek only to line their pockets by collecting thousands on debts that were purchased for 50 bucks by using intimidation....I NOW AGREE! Yes, people should pay their debts. But, the only reason she didn't file BK back in '98 is that she thought things would get better and she would be able to pay. Well, she can't. One more question...the judgement the CA got is about 40% interest. How can they add HUGE interest when they admit in their complaint to the court that they have no paperwork, contract, etc. on these accounts?

[Ladynred]

How do other CA's find out ? I'd be willing to bet that something has happened on her credit report, so she needs to check them again to be sure they're not up to re-aging her debts. They typically scan credit reports on accounts they have and if some activity shows, they strike.

Its not surprising that their 'homeowner' info is wrong, who knows how old the info is that they're using. If these debts they're after her for now are all past the SOL, and there's no judgment, just have her send the C&D letter and get rid of them.

As for the 40% interest - well, the OC added huge amounts of interest to begin with and they probably had something that stated what the interest rate would be after charge-off. The jugment itself also acrues interest until its paid, so it multiplies quickly.