I recently got a Motion for Revival from a debt collector for a debt I have no idea existed. I have never been served anything and my credit report does not reflect any reference to this debt. Does anyone recommend a lawyer who works in this area?
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I recently got a Motion for Revival from a debt collector for a debt I have no idea existed. I have never been served anything and my credit report does not reflect any reference to this debt. Does anyone recommend a lawyer who works in this area?
Just to confirm, the debt is not your debt?
Per the document it is, however I have no recollection of said debt, and it is not on my credit report (any of them).Quote:
Originally Posted by HoneyBadger
So is that a no? There's a lot of things that I don't remember doing, but that doesn't mean they didn't happen. [Roll1]
If it is not your debt, it is identity theft.
I would say no. If it was something I forgot about, I think I would have received something in the mail, been served something, and/or had a record on my credit report.Quote:
Originally Posted by HoneyBadger
I'm not trying to be an asshole, but your answers seem to impress upon me that you think that you may hold some responsibility for this debt. Debt is usually not something that either party forgets about.Quote:
Originally Posted by drift_g35
Of course, the internet is full of bad advice and I don't have the name of a good lawyer for you, so I'm probably not being very helpful.
I dont think I hold any responsibility however the court document makes me a little uneasy. I dont think you're being an asshole, just asking questions. Dont worry i'm not one of those sissy, easily offended, obama supporters.
Any chance it's a scam to get your info?
It was dropped off my a uniformed sheriff so i'm guessing no.Quote:
Originally Posted by Spdu4ia
Proper serviceQuote:
Originally Posted by drift_g35
Sent by a free-range electronic weasel, with no sense of personal space.
Then this may be identity theft. ***THIS IS NOT LEGAL ADVICE*** The Colorado Justice Dept. site has all the forms to help you, but I don't know if that helps you much. The site informs: The Judgment Debtor, within14 days from the date of service of the Notice to Show Cause, can respond why the judgment should not berevived. (https://www.courts.state.co.us/Forms...orm_Type_ID=30) This seems to indicate that you need to issue a rebuttal using one of the supplied forms withing 14 days. It may be as simple as listing "it is not my debt" and maybe some reasons why you are confident it is not your debt as the justification, but again, I am not licensed or qualified in any way to provide legal advice. In that time, if they contact you in any other way, I wouldn't even hold a conversation with them without consulting an attorney. Whatever you tell them probably won't stop them from calling or writing to you.Quote:
Originally Posted by drift_g35
Good! We can be friends. [Beer]Quote:
Originally Posted by drift_g35
I would contact the debt collector and see who hired them to collect. Prob easiest way to find out what's going on. Then get a lawyer if needed.
I'm going to go against the grain and suggest calling to see what you can settle for (use your best poor voice and grammar); unless the debt is for much more than a lawyer will cost you. Which if that is the case, you had better damn well remember. If the debt is not yours, you probably don't need a lawyer to dispute.
Sorry lawyers.
I keep trying to call but they never answer. The original debt was for somewhere around $1200 with fees and everything its up to 4000. Ill try one more time tomorrow and then fill out the paperwork to send to the court.Quote:
Originally Posted by Irving
A good Debit Collector that I have used.
David Larson
88 Inverness Circle East B102
Englewood, Co. 80112
303.799.6895
I am just a satisfied customer, not pimping.
HTH
Roger
If this truly is the first time a letter has come to you regarding this debt, than something is screwy. Especially with all those fees tacked on. Seems like a debt that has been hanging out there for quite a while. If you get a lawyer now, you are going to be paying him/her for something that could be a mistake. I would file the paperwork required by the court. I may also check with the court to see if there is a case pending, or if this has been filed with them. Seems really strange that the collection agency is not answering the phone. They are usually really eager to get their $$$$$.. Maybe the snow kept them out of the office. Highly doubtful as my neighbor works for one and she was out of the house at 5am and home at 6pm.
Keep us posted. Interesting story.
Except for the sheriff thing, I'd be keen on calling it one of latest scams. Ran into 2 different people to day at my building who had fallen into an IRS scam demanding payment of back taxes.
My wife went and saw the consumer credit counseling folks a long time ago, they worked with the folks we owed to come up with payment schedule, and lowered some of our debt. They charged off the debt and after we finished their payment plan we never saw anything with remaining balances we could have owed. 10 yrs later we go to buy a house, and the agencies that assumed our debt all came calling exactly like you described. Once they knew we had money they were entitled to it.
We paid them all off and the bad man went away....
Ymmv
A motion to revive is a judgment is close to expiring, which means its between 5 and 6 years old. Pull the court file, get a copy of the complaint and return of service. See if they tried to garnish you. If you can prove you were not served originally, you may get lucky. Better figure out where you were and who they served.