Collector Has My Name Spelled Incorrectly?

[jhern87]

What is the name of your state (only U.S. law)? Oregon but the credit being collected on was issued in California

So I have a debt from back in 2007 / 2008 and numerous collection companies have attempted to collect on the debt but I haven't paid anything since a few payments after getting the line (lost job, etc.).

Anyways, the company that is trying to collect on the debt now completely butchers my name but is claiming that their client "received a judgement" against me Feb. 19th, 2014 and is currently pursuing "post-judgement collection remedies" against me. Which seems kind of fishy since they can't even get my name right?

I'm not familiar with the statue of limitations for my state but they've got to be coming up soon.

Should I be concerned about this?

 

[Proserpina]

What is the name of your state (only U.S. law)? Oregon but the credit being collected on was issued in California

So I have a debt from back in 2007 / 2008 and numerous collection companies have attempted to collect on the debt but I haven't paid anything since a few payments after getting the line (lost job, etc.).

Anyways, the company that is trying to collect on the debt now completely butchers my name but is claiming that their client "received a judgement" against me Feb. 19th, 2014 and is currently pursuing "post-judgement collection remedies" against me. Which seems kind of fishy since they can't even get my name right?

I'm not familiar with the statue of limitations for my state but they've got to be coming up soon.

Should I be concerned about this?

The statute of limitations only controls how long they have before they sue you. If they've already sued and obtained a judgment, forget the SOL.

Messing up your name won't change anything, but you do need to look at what has been filed and where. There should be a case number - is there?

 

[jhern87]

The statute of limitations only controls how long they have before they sue you. If they've already sued and obtained a judgment, forget the SOL.

Messing up your name won't change anything, but you do need to look at what has been filed and where. There should be a case number - is there?

There is. Where do I look that up?

 

[Proserpina]

There is. Where do I look that up?

Check the court's docket.

(Go to the court's website - there should be a search tool where you can plug in the case #)

 

[latigo]

What is the name of your state (only U.S. law)? Oregon but the credit being collected on was issued in California

So I have a debt from back in 2007 / 2008 and numerous collection companies have attempted to collect on the debt but I haven't paid anything since a few payments after getting the line (lost job, etc.).

Anyways, the company that is trying to collect on the debt now completely butchers my name but is claiming that their client "received a judgement" against me Feb. 19th, 2014 and is currently pursuing "post-judgement collection remedies" against me. Which seems kind of fishy since they can't even get my name right?

I'm not familiar with the statue of limitations for my state but they've got to be coming up soon.

Should I be concerned about this?

(I assume that last is rhetorical or you wouldn't be here.)

Anyways, I have some doubts as whether such a judgment even exists.

You've made not mention of having received summons and complaint; neither issued out of a California or Oregon court. Nor being notified of the filing of a California judgment in Oregon as required by ORS 24.125.

The collector hasn't seen fit to voluntarily provide you with a copy of any such judgment. Plus, it is not beyond these scavenger to lie to you in order to steer you away from considering statute of limitations issues. (Which by the way may have been tolled by your move to Oregon.)

Also it very unlikely that the primary creditor opted to go to the trouble of suing you on the account before assigning it for collection. And bill collectors try to avoid the costs and attorney fees.

Even though there is talk of "post-judgment collection activity" you've said nothing about wage/bank garnishments or an attempt to levy on a writ of execution.

This is of course speculation on my part. But let me ask you.

Has the debt collector given you the notice required under Section 809 of the Fair Debt Collection Practices Act (15 USC 169(g) And if so, did you make a timely demand (within 30 days) for verification?

 

[jhern87]

(I assume that last is rhetorical or you wouldn't be here.)

Anyways, I have some doubts as whether such a judgment even exists.

You've made not mention of having received summons and complaint; neither issued out of a California or Oregon court. Nor being notified of the filing of a California judgment in Oregon as required by ORS 24.125.

The collector hasn't seen fit to voluntarily provide you with a copy of any such judgment. Plus, it is not beyond these scavenger to lie to you in order to steer you away from considering statute of limitations issues. (Which by the way may have been tolled by your move to Oregon.)

Also it very unlikely that the primary creditor opted to go to the trouble of suing you on the account before assigning it for collection. And bill collectors try to avoid the costs and attorney fees.

Even though there is talk of "post-judgment collection activity" you've said nothing about wage/bank garnishments or an attempt to levy on a writ of execution.

This is of course speculation on my part. But let me ask you.

Has the debt collector given you the notice required under Section 809 of the Fair Debt Collection Practices Act (15 USC 169(g) And if so, did you make a timely demand (within 30 days) for verification?

I'm sorry but I'm not familiar what notice you're referring to. How would I know if I've received this? It seems everything I've received thus far has just been threats from collection companies.

I checked on my county website to see if the case number pulled up anything and it did not.

And thank you very much for the help!

 

[latigo]

I'm sorry but I'm not familiar what notice you're referring to. How would I know if I've received this? It seems everything I've received thus far has just been threats from collection companies.

I checked on my county website to see if the case number pulled up anything and it did not.

And thank you very much for the help!

The following should explain. And please note that it applies only to a "debt collector", not the primary/original creditor.

Fair Debt Collection Practices Act § 809. Validation of debts [15 USC 1692g]

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.(Emphasis added)

The fact that you've only received threats adds to my suspicions that they are blowing smoke about judgment having been taken against you.