Unifund Judgment

[steverog]

My state is Georgia,
In 2002 I stopped paying a Visa account with First Usa. The interest rate was nearly 30% and junk fees were added all the time. I acted stupid and said we'll settle this later. The account was at 10K when I stop paying. About a year and a half later, one of the collection agencies offered to settle with me for 5000 but I didn't have the money also they wouldn't delete for payment. The debt was bought by Unifund CCR partners. They hired a local collection firm to file a lawsuit. I discovered there was a false service filed with the court. I contacted the attorney and said hey your service company claimed they served me on June 7, 2004 however I was in California. He agreed after seeing documentation that something did not add up and said he would get a original copy of the complaint from the court and send it to me along with a "acknowledgement of service" form to sign and return. Next thing I know another attorney in his firm went down and got a default judgment. I called him back and he assured me it was just a interoffice problem with the right hand not talking to the left one. Also he agreed to have the judgment set aside which he did. I advised him to get me a copy of the complaint. I never received the complaint. Then on July 2, 2005 another service person claims to have served me although I was out of state for the 4th of July holiday. They proceeded to get another default judgment using a affidavit referring to the first service date (which they admitted to the court was false). At this point I decided to hire an attorney. The judgment is for 15k. They offered my attorney to settle for 11K. All he wants to do is settle. He says we can file a motion to set aside the judgment, but that will take time and money. The situation is more complex as we want to either sell our house or refinance out of a adjustable rate mortgage that has went through the roof. The card and judgment was/is in my wifes name alone not mine. However we are both on title at our residence and cannot refi until the judgment is satisfied. Any advice would be appreciated and I am not making up BS about the false services in the case.
Thanks,
Steve

[Litigation!]

Originally Posted by steverog

My state is Georgia,
In 2002 I stopped paying a Visa account with First Usa. The interest rate was nearly 30% and junk fees were added all the time. I acted stupid and said we'll settle this later. The account was at 10K when I stop paying. About a year and a half later, one of the collection agencies offered to settle with me for 5000 but I didn't have the money also they wouldn't delete for payment. The debt was bought by Unifund CCR partners. They hired a local collection firm to file a lawsuit. I discovered there was a false service filed with the court. I contacted the attorney and said hey your service company claimed they served me on June 7, 2004 however I was in California. He agreed after seeing documentation that something did not add up and said he would get a original copy of the complaint from the court and send it to me along with a "acknowledgement of service" form to sign and return. Next thing I know another attorney in his firm went down and got a default judgment. I called him back and he assured me it was just a interoffice problem with the right hand not talking to the left one. Also he agreed to have the judgment set aside which he did. I advised him to get me a copy of the complaint. I never received the complaint. Then on July 2, 2005 another service person claims to have served me although I was out of state for the 4th of July holiday. They proceeded to get another default judgment using a affidavit referring to the first service date (which they admitted to the court was false). At this point I decided to hire an attorney. The judgment is for 15k. They offered my attorney to settle for 11K. All he wants to do is settle. He says we can file a motion to set aside the judgment, but that will take time and money. The situation is more complex as we want to either sell our house or refinance out of a adjustable rate mortgage that has went through the roof. The card and judgment was/is in my wifes name alone not mine. However we are both on title at our residence and cannot refi until the judgment is satisfied. Any advice would be appreciated and I am not making up BS about the false services in the case.
Thanks,
Steve

My response:

Did you vote for Bush?

How do you like your gasoline prices?

Having trouble paying your utilities?

Do you find yourself buying more Hamburger Helper?

Do you think Bush has an "exit plan" out of Iraq?

Still have your job?

Do you enjoy knowing that our President is spying on Americans, and that he didn't get a Warrant to do so?

And the list just keeps going . . .


IAAL

[Wayne POTZ]

Originally Posted by Litigation!

My response:

Did you vote for Bush?

How do you like your gasoline prices?

Having trouble paying your utilities?

Do you find yourself buying more Hamburger Helper?

Do you think Bush has an "exit plan" out of Iraq?

Still have your job?

Do you enjoy knowing that our President is spying on Americans, and that he didn't get a Warrant to do so?

And the list just keeps going . . .


IAAL

Hey! I voted for Bush. I like him.

[Litigation!]

Originally Posted by Wayne POTZ

Hey! I voted for Bush. I like him.

My response:

Good for you!!

You're an idiot!

Answer the questions, idiot.


IAAL

[steverog]

Originally Posted by Litigation!

My response:

Did you vote for Bush? Yes

How do you like your gasoline prices? I don't

Having trouble paying your utilities? No

Do you find yourself buying more Hamburger Helper? Never have bought it

Do you think Bush has an "exit plan" out of Iraq? No

Still have your job? Yes

Do you enjoy knowing that our President is spying on Americans, and that he didn't get a Warrant to do so? Yes it they are talking to terrorist

And the list just keeps going . . .


IAAL

Now I have answered your questions please advise what they have to do with my Unifund problem????

[Litigation!]

Originally Posted by steverog

Now I have answered your questions please advise what they have to do with my Unifund problem????

My response:

Good, you got what you voted for! I love how willingly you're able to give up YOUR Constitution. It wouldn't have taken much to go through FISA, but Bush didn't think it was "necessary" to get a Warrant.

Now, see if you can pay your bills. I doubt it!


IAAL

[debtcollector`]

It is interesting that you are so widely traveled and always at the right time to avoid service.

You will have to hire an attorney to argue defective service and dismissal of the judgment. You will not be successful because you haven't acted in a reasonable time period. One of the lawyers on the site can probably phrase that in a better form of "legal" language and point to relevant case law, but I'm not going to do that much on it.

Travel less -- pay bills more.

DC

[Wayne POTZ]

Originally Posted by Litigation!

My response:

Good, you got what you voted for! I love how willingly you're able to give up YOUR Constitution. It wouldn't have taken much to go through FISA, but Bush didn't think it was "necessary" to get a Warrant.

Now, see if you can pay your bills. I doubt it!


IAAL

Did you eat too much raw fish or something?

[Ladynred]

Did you vote for Bush? NO !

How do you like your gasoline prices? I don't

Having trouble paying your utilities? No.. all electric here

Do you find yourself buying more Hamburger Helper? Yech...

Do you think Bush has an "exit plan" out of Iraq? No, I think he's clueless

Still have your job? Yes thank God !

Do you enjoy knowing that our President is spying on Americans, and that he didn't get a Warrant to do so? Absolutely NOT ! He doesn't have to go AROUND the law to protect US citizens

My disbelief is that you believed anything Unifund said in the first place. You can try to vacate the judgment again, but they will probably file a 3rd time anyway. Unifund are nasty customers.. but if you want to re-fi you're going to have to find a way to settle up.