co-signed and now have a lein on checking

[Barual]

What is the name of your state? Texas

The account I co-signed for is six and a half years old. A month ago I discovered a lien on my checking account. I called and found that a lawyer has made a judgement against me. I spoke to my ex, whom I co-signed for, he said that he would pay it off as long as I get paperwork. I called the lawyers office back and they keep telling me that there is no paperwork since the account is so old. They abslolutely refuse to send me any proof of the debt we owe. I told them that I was not going to pay anything without paperwork since I have no idea if I even owe them.

I looked into the Fair Debt Collection Practices Act and I do not completely understand it. It is in my understanding that they are required to send me this paperwork. What can I do to either get this paperwork or get them to take my account off of lien?

"Third-party debt collector" means a debt
collector, as defined by 15 U.S.C. Section 1692a(6), but does not
include an attorney collecting a debt as an attorney on behalf of
and in the name of a client unless the attorney has nonattorney
employees who:
(A) are regularly engaged to solicit debts for
collection; or
(B) regularly make contact with debtors for the
purpose of collection or adjustment of debts.

I'm not sure if this attorney has nonattorney employees. If he does not, will that mean the FDCPC is void in my case? I am now looking into the texas statutes financial code to see if there is a solution. If there is any advice I would greatly appreciate it.

I apologize if this is a repost, I have searched the posts and have yet to find a solution.

[Ladynred]

The FDCPA isn't going to help a whole lot because there is a judgment against you. There's no other way they could place a lien on your bank account. You can request validation from the lawyer, but all they are required to send under the FDCPA is a copy of the judgment and you can get that yourself straight from the courthouse.

So, call or go there and get a copy of the judgment case file. Co-signers are supposed to be served a summons and complaint same as the primary, so why weren't you served ??? There should be a proof of service in the case file, find out what it says.

The judgment case file is all your EX should need to prove the debt, its too late to be requesting original contracts and such.

[Barual]

Thank you for your response Ladynred.

TEXAS

When I called the lawyer he didn't know anything about the account. The only thing he knew was that I owed so much amount of money and it was only under my name. Eventually he told me that it was for a credit card with a company in NY. So I called this company and tracked every collection agency it went through. That is how I found out that it was my ex's account I co-signed for. So I am wondering, "how were they able to make a judgement against me when they don't even know what I owe for?" Shouldn't they have some type of proof in court to pass this judgement? The lawyer says that the only name on this account is mine but the lender has mine as well as my ex's.

I do not know why I was not summoned, so yes I will have to request the court order. The lawyer also told me that the court is in NY if I wanted to appeal. Why would they summon me for court all the way in NY????? The problem now is....what if my ex's name isn't on that? He will not pay for anything unless I have proof that it is his. I do not blame him for wanting the proof either. I can not afford to pay this debt at the moment. What happens if I am unable to do so?

[Ladynred]

Shouldn't they have some type of proof in court to pass this judgement?

Not really. If the lawsuit was filed in NY and you were sent a summons, you would have had to appear in the NY court. If you don't show up, they don't have to prove anything, they win automatically - default judgment. However, they should not be able to lien your TX bank account from NY w/o moving the judgment to TX first, so start with your local court and go from there. If the lawsuit really was filed in NY, then asking for validation may be necessary to actually GET a copy of the judgment. Do you know which collection agency sued and who the judgment creditor is ???

Why would they summon me for court all the way in NY?????

They have a choice of venue, but per the FDCPA, its where you live now or where you lived when the debt was incurred. The big question is-- where did the summons go ? Of course, if you'd been served, you could have objected to the venue and moved to change it. Hardly anyone would fly from TX to NY to appear to answer a lawsuit like this.

.what if my ex's name isn't on that?

Community property !!!! In a CP state you are equally liable for any debts incurred during the marriage, no matter who's name is on the account ! Even if you hadn't co-signed, BOTH of you would still be legally liable for the debt.

If you're unable to pay it, they'll keep coming after your bank account and any other non-exempt assets you might have.. and the judgment sits there and accrues statutory interest while it remains unpaid.

[Barual]

Wow! Well**************I most definately learned a hard lesson.

Ok, I recieved an information subpoena and questionaire with restraining notice from my bank. I don't understand this questionaire, am I suppose to complete and return to the lawyer? The plaintiff is NCO assignee of: Bank One. The last address that they have on me is completely wrong! That address is in NY. The court is- Civil Court of New York State-County of Queens.

Can they do that? Have the wrong information and I get penalized because I never even received their summons???? How did they freeze my account in TX if the judgment was decided upon in NY?

I'm not sure if this makes a difference or not but I was not married to this man.

Once again, your advice is greatly appreciated Ladynred.

[Ladynred]

Hell yes, it makes a difference that you were were NOT married the EX. There was no marriage, therefore it can't be a 'marital debt' and no marriage = no 'community'.

Are you saying that they have an address for you in NY City ???? Have you EVER lived there ?? Has the EX ever lived in NYC ???

This COULD be a case of ID theft if you've never lived in NYC, and the info they have is totally bogus.

How did they freeze my account in TX if the judgment was decided upon in NY?

Good question. Its my understanding that a foreign judgment must be 'domesticated' to YOUR state in order for any enforcement to take place. Maybe JetX will chime in here, he's our Judgment guru (and a TX guy at that).

Yes, you are supposed to answer that questionnaire, if its a 'debtor's exam' - asking for all kinds of personal and financial information, then you can't blow it off.

I would DEFINITELY be asking NCO for a copy of this judgment. You MAY be able to find it online, I remember seeing Queens County court on-line a while ago.

You might want to consider finding a lawyer who can help with this. It sounds too fishy to me.

[Barual]

Yes, I have lived in NY from 2000-2002 but the address is still very wrong.

I'm very confused right now so bear with me please. What exactly does no community mean in this situation? Will that help me get some type of paperwork to prove his name on the account?

I called NCO and the lady I had word with said they no longer had the papers. She said, "They came in and took the files themselves." I am guessing "they" is in reference to the lawyer. Obtaining a copy of the judgment from the court is my only option at this time. I have been considering help from a lawyer but I am not in the best of fianancial status at the moment. I want to make sure I am not throwing money away for something that really is legit. I'm sure that a copy of my judgment will help out in my decision. So...I am going to get that taken care of ASAP.

This makes me wonder....Will my bad debt become my future spouses debt? I would never want to burden anyone with this.

Thank you