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Consumer Gets a Judgment Against Him But Never Served. Asks for Help and Ideas.

A reader has written in and asked for advice on the following situation they say involves Persolve, Bill Finley, Paul Castagna, Geri Phillip, Kathleen Pearson, Thomas Halen, Robert Engilman, Michael Halpin, Kevin Frazier, Golden Gate Financial, Persolve Financial, and Comprehensive Legal Solutions.

Please read the consumer’s information and feel free to respond to the consumer in the comments section below.

Consumer Gets a Judgment Against Him But Never Served. Asks for Help and Ideas.
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I was recently informed I have a judgment from a Wells Fargo credit card from eight (8) years ago. The balance was about $2k when I initially went into default. The judgment is for over $8k. I contacted the company to try to find out how to satisfy the claim – they said the balance is $8,500 now and interest is raising daily “just like your credit card.”

I asked them if they had any proof that they owned the debt and that the amount is valid as the balance is more than quadruple the original balance. They said they don’t have to answer any questions as there has been a judgment filed and granted and they are going to garnish my wages starting next month. “But how could I get a judgment against me without ever going to court” I asked?

Funny enough, there was a gentleman served; only the gentleman on record for service is documented as being a “male, 6’1”, white, blonde, 50+ years of age, 200+ pounds, and at an address that I hadn’t lived at for over 18 months” which is interesting because I am 5’9”, 140, dark brown hair and 28 years old, (26 at the time) – hmmm.

So, I did a little research. It appears these people have a lot of complaints about faulty process servers among other things. Are they using their friends to act as the “account holder” to the process server to justify a phony service so they can get a default judgment without the accountholder ever knowing it? Smart. Terribly fraudulent but creatively smart for somebody who doesn’t think they have to follow the rules.

There is nothing wrong with buying delinquencies; in fact, it is a business that interests me. But there are rules and regulations to follow. That’s why there are companies that are making tens of millions of dollars being smart, and others who are going to prison and being ignorant for a few hundred grand a year.

So I called back. I asked about the date the debt was acquired. The guy said “I don’t know”

I asked about the initial balance at date of acquisition. “I don’t know” again he responded.

I asked if he received the certified letter dated June 27th 2012 requesting validation of the debt. “As a matter of fact we do have record of that letter but who cares – we have a judgment” he insisted.

I advised him that I wrote in simply requesting validation of the debt. They can not provide it. I told the guy there was a faulty service, he laughed. I asked to speak with his legal department; he said he is the legal department. I asked if he was a lawyer, he said he didn’t have to be. He threatened to garnish my wages, I laughed back at him for once.

Anybody that does business like this has no chance of me assuming there was an honest error made. These people are operating with negligence and deceit. They are terrorizing people and trying to instill fear for payment by threatening lawsuits and not properly or compliantly trying to collect.

They offered a $5,600 settlement for “today and today only” as if we were at a Honda tent sale.

Can anybody help me with these people? I am going to file a complaint with the California Attorney General as they are obviously deceiving people maliciously.

Brian and his manager Amy Fox have harassed the wrong person. Rest assured a complaint has already been filed with the BBB on your already-terrible Trustlink – have already left a message at the AG’s office, and am contacting the FTC tomorrow once open again.

Also, I am contacting the courts to see how many other “faulty services” have been in made an attempt to prove they are doing this maliciously on multiple cases, making default judgments come as easy as a cup of coffee by never even informing the debtor.

I am also going to contact state officials in Alaska, North Carolina, etc. as well as the BAR association as it seems they are not only operating as a “Law Firm” but playing games with legal documents, not compliantly disclosing ownership of debt (and can not provide proof of ownership as requested multiple times) which implies they do not have proper documentation to show the courts. Have they heard of UPL? They are clearly violating UPL regulations as they are threatening with legal services and saying they are a law firm to scare people. Do they not understand how easy it is to file so many complaints against companies that so blatantly break the law? Have they not kept up on their own industry?

These people have shell corporations and LLC’s in multiple states -it appears as though they are good at hiding and changing names, etc.

The time has come for these people. Pigs get fat, hogs get slaughtered. A pig would have taken a 50% offer I made them as they probably paid 5 cents for the debt. Instead, a hog would try to collect $8,500+ on a $2,000 debt form many years ago.

I also have documentation of multiple letters and calls I sent in, and multiple times where he would call my work so many times that the receptionist even knew his number form caller ID and would complain to me. We have over 200 employees here if you can imagine how many times a day he would have to call for a receptionist to recognize a number on caller ID and complain to me about it. My manager even spoke with them asking to stop calling so much.

I am willing to pay something, but these people are high if they think they can get away with this. It has to be illegal on so many levels.

Any ideas?

Consumer Gets a Judgment Against Him But Never Served. Asks for Help and Ideas. by

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This is information that was submitted by a third party and not generated by GetOutOfDebt.org or Steve Rhode.
  • DCS54B

    IF you were not properly and legally served on this, then I would ask the Court to vacate the judgement. You cannot file a response or show up in court if you do not have the information. The process requires that you are properly served (normally by the local Sheriff’s Department where you reside) and at that point you have 30 days to a file a response. If you do not file a response and / or show up in court, the creditor will be granted a “default judgement” against you that you will then be responsible for. If they want to, I believe they can then garnish, place liens and attach to a banking account to collect – they do not all do this. If you were deprived of your opportunity to respond, ask for the debt validation, provide supporting documents in your defense or have your day in court, you should be able to file a request to have the judgement removed and vacated. I would ask a debt / credit attorney and or call your local Court. Best of luck to you!

  • http://profile.yahoo.com/CRB7HCZAZBJPDJHGDLLJDVAQRI Lindsey

    That is a crazy situation.  I wish I could help but I honestly have no idea on this one.  Wish you the best of luck!

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