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Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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I received a judgement from a Recoveries assignee

Customer Question

I received a judgement from a Recoveries assignee for BankFirst ActionCard. I never received a notice of a court action nor do I remember having this credit card. When I tried to get an account number or validation that I used this credit card I was only given the name of the card and an address that is no longer valid. I am currently having monies taken from my paycheck towards this bill. If I owe the money I am very happy to pay but I would like to find some proof that I had this card and what I used it for or my signiture on an application. What should I do. What are my legal rights. This goes back to 2001.
Submitted: 1 year ago.
Category: Legal
Expert:  Delta-Lawyer replied 1 year ago.

I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a decade of litigation experience in areas like this one. It is a pleasure to assist you today.

Well, one of two things is going on here...either your identity has been stolen or your have a judgment against you on what may be a valid debt but the judgment may be invalid.

Most remember the credit cards they have used, therefore I believe this may not be your debt.

You need to send the collection agency a certified letter with a return receipt as to what they have that specifically links you to this debt. Tell them if they cannot or will not, you are going to take legal action against them.

In order to secure a judgment, an entity must first serve process on the defendant. The fact that did not happen here can invalidate this judgment.

Expert:  Delta-Lawyer replied 1 year ago.

You can file a motion to set aside the judgment against you on multiple grounds:

- Lack of Service of Process;

- Not your debt;

- statute of limitations;

- identity theft;

- etc.

This can have the debt invalidated and even have your attorney fees paid back, damages and have the debits from your check paid back.

I would recommend that you hire a debt attorney in your area to file this petition or motion though.

Start first with your inquiry in writing to the debt collector and proceed from there though. You can do that yourself to save money.

Let me know if you have any other questions or comments. Please also rate my answer positively (three or more stars).


Expert:  Delta-Lawyer replied 1 year ago.

Just checking to see if you have any other questions or comments. I want you to be as comfortable as possible moving forward. Thanks