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Re: [tips_and_tricks] Collection problem

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  • Tim Kiley
    Won t a collection agency purchase the debt thus extinguishing it? Tm Kiley ... From: Tom Kearse To:
    Message 1 of 14 , Apr 2, 2003
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      Won't a collection agency purchase the "debt" thus extinguishing it?

      Tm Kiley

      ----- Original Message -----
      From: "Tom Kearse" <tkearse@...>
      To: <tips_and_tricks@yahoogroups.com>
      Sent: Tuesday, April 01, 2003 10:08 PM
      Subject: Re: [tips_and_tricks] Collection problem


      > Demand the contract making your wife liable.
      > Your son might want to sue the agency for the amount in question for
      selling
      > him insurance that didn't pay.
      > ----- Original Message -----
      > From: "drbradb1" <drbradb1@...>
      > To: <tips_and_tricks@yahoogroups.com>
      > Sent: Sunday, March 30, 2003 9:26 AM
      > Subject: [tips_and_tricks] Collection problem
      >
      >
      > > Hello all,
      > > I want to get the groups take on a collection matter.The sum in
      > > dispute is 3600$Here are the facts.My wife called a truck rental
      > > agency and reserved a moving van for my son to use to
      > > move.She gave a credit card # to the person making the
      > > reservation over the phone in order to reserve the truck.During
      > > the course of the move the truck was damaged by hitting an
      > > overhead train trestle.The damage to the truck ,they claim is
      > > 3600$.My son signed the contract,not my wife,my son purchased
      > > the insurance from the rental agency.My son claims he was told,
      > > at the time of rental ,the insurance covers any and all damages.I
      > > was not a witness to that remark.Scince my son is young and
      > > has a family and is just starting out in life he has no assets nor
      > > much of a credit record.I think the company is going after the
      > > deeper pockets.The rental company gave my wife 10 days to pay
      > > or the sum gets sent to a collection agency.My thought would be
      > > to ask the collection agency to verify the claimed debt.There is no
      > > signed contract by my wife.any other thoughts on the matter
      > > would be welcome.Thanks in advance.
      > > Brad
      > >
      > >
      > >
      > >
      > > To unsubscribe from this group, send an email to:
      > > tips_and_tricks-unsubscribe@yahoogroups.com
      > >
      > >
      > >
      > > Your use of Yahoo! Groups is subject to
      http://docs.yahoo.com/info/terms/
      > >
      > >
      >
      >
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    • *
      The collection agency must abide by the FDCPA and if you respond within thirty days (the letter they send is required to have the 30 day notice) to their
      Message 2 of 14 , Apr 2, 2003
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        The collection agency must abide by the FDCPA and if you respond within
        thirty days (the letter they send is required to have the 30 day notice) to
        their letter, they must validate and I doubt they could validate the alleged
        debt.

        However, even if they send something as a validation, it is quite unlikely
        that anyone will ever face them in court as the collection agency, unless
        they have purchased the alleged debt, has not standing to bring suit. And
        even if you do not request a validation, I don't see how the record would be
        "stacked against you" as not requesting a validation does not, in any way,
        admit liability.

        Even if the rental company sues, I think the record is stacked against them
        as there is no contract for rental with that person. Her credit card was
        only given to guarantee the rental and not used to pay for the rental. When
        the truck was rented, the guarantee for renting it expired and a rental
        contract was entered into with the renter. If the rental company actually
        had a claim based on the guarantee of rental, they would have simply charged
        it to the card.

        There might even be a suit against the rental company for violations of the
        FCRA, plus a possible suit against the collection agency for violations of
        the FDCPA if they are not careful.

        Gary

        -----Original Message-----
        From: Tom Kearse [mailto:tkearse@...]
        Sent: Wednesday, April 02, 2003 12:27 AM
        To: tips_and_tricks@yahoogroups.com
        Subject: Re: [tips_and_tricks] Collection problem


        They must proceed within the guidelines of the fair debt collection act,
        unless you "waive "same via silence. You need to stop them
        administratively, or potentially face them in court, with the record stacked
        against you.


        ----- Original Message -----
        From: "drbradb1" <drbradb1@...>
        To: <tips_and_tricks@yahoogroups.com>
        Sent: Sunday, March 30, 2003 9:26 AM
        Subject: [tips_and_tricks] Collection problem


        > Hello all,
        > I want to get the groups take on a collection matter.The sum in
        > dispute is 3600$Here are the facts.My wife called a truck rental
        > agency and reserved a moving van for my son to use to
        > move.She gave a credit card # to the person making the
        > reservation over the phone in order to reserve the truck.During
        > the course of the move the truck was damaged by hitting an
        > overhead train trestle.The damage to the truck ,they claim is
        > 3600$.My son signed the contract,not my wife,my son purchased
        > the insurance from the rental agency.My son claims he was told,
        > at the time of rental ,the insurance covers any and all damages.I
        > was not a witness to that remark.Scince my son is young and
        > has a family and is just starting out in life he has no assets nor
        > much of a credit record.I think the company is going after the
        > deeper pockets.The rental company gave my wife 10 days to pay
        > or the sum gets sent to a collection agency.My thought would be
        > to ask the collection agency to verify the claimed debt.There is no
        > signed contract by my wife.any other thoughts on the matter
        > would be welcome.Thanks in advance.
        > Brad
        >
        >
        >
        >
        > To unsubscribe from this group, send an email to:
        > tips_and_tricks-unsubscribe@yahoogroups.com
        >
        >
        >
        > Your use of Yahoo! Groups is subject to http://docs.yahoo.com/info/terms/
        >
        >


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      • *
        The collection agency MIGHT purchase the debt, so do and some don t. I don t think a collection agency purchasing the debt will extinguish the debt. If
        Message 3 of 14 , Apr 2, 2003
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          The collection agency MIGHT purchase the debt, so do and some don't. I
          don't think a collection agency purchasing the debt will "extinguish" the
          debt. If they purchase it, they will try to collect it and may bring suit
          for the collection, it's done every day.

          There is a theory that only the original creditor has standing to sue but I
          have not seen anyone present any evidence, case law or statutes that say
          that.

          Gary

          -----Original Message-----
          From: Tim Kiley [mailto:tjk9161@...]
          Sent: Wednesday, April 02, 2003 10:46 AM
          To: tips_and_tricks@yahoogroups.com
          Subject: Re: [tips_and_tricks] Collection problem


          Won't a collection agency purchase the "debt" thus extinguishing it?

          Tm Kiley

          ----- Original Message -----
          From: "Tom Kearse" <tkearse@...>
          To: <tips_and_tricks@yahoogroups.com>
          Sent: Tuesday, April 01, 2003 10:08 PM
          Subject: Re: [tips_and_tricks] Collection problem


          > Demand the contract making your wife liable.
          > Your son might want to sue the agency for the amount in question for
          selling
          > him insurance that didn't pay.
          > ----- Original Message -----
          > From: "drbradb1" <drbradb1@...>
          > To: <tips_and_tricks@yahoogroups.com>
          > Sent: Sunday, March 30, 2003 9:26 AM
          > Subject: [tips_and_tricks] Collection problem
          >
          >
          > > Hello all,
          > > I want to get the groups take on a collection matter.The sum in
          > > dispute is 3600$Here are the facts.My wife called a truck rental
          > > agency and reserved a moving van for my son to use to
          > > move.She gave a credit card # to the person making the
          > > reservation over the phone in order to reserve the truck.During
          > > the course of the move the truck was damaged by hitting an
          > > overhead train trestle.The damage to the truck ,they claim is
          > > 3600$.My son signed the contract,not my wife,my son purchased
          > > the insurance from the rental agency.My son claims he was told,
          > > at the time of rental ,the insurance covers any and all damages.I
          > > was not a witness to that remark.Scince my son is young and
          > > has a family and is just starting out in life he has no assets nor
          > > much of a credit record.I think the company is going after the
          > > deeper pockets.The rental company gave my wife 10 days to pay
          > > or the sum gets sent to a collection agency.My thought would be
          > > to ask the collection agency to verify the claimed debt.There is no
          > > signed contract by my wife.any other thoughts on the matter
          > > would be welcome.Thanks in advance.
          > > Brad
          > >
          > >
          > >
          > >
          > > To unsubscribe from this group, send an email to:
          > > tips_and_tricks-unsubscribe@yahoogroups.com
          > >
          > >
          > >
          > > Your use of Yahoo! Groups is subject to
          http://docs.yahoo.com/info/terms/
          > >
          > >
          >
          >
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          >
          >
          >
          >
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          >
          >
          >
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          >




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        • Edwin Clements
          I had the same kind of thing happen about 7 years ago. I paid $70 extra for insurance and then the truck ran into an over-covering in front of a hotel. It
          Message 4 of 14 , Apr 2, 2003
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            I had the same kind of thing happen about 7 years ago.
            I paid $70 extra for insurance and then the truck ran
            into an over-covering in front of a hotel. It caused
            some damage to the hotel over-covering and a small
            dent, almost unnoticeable, on the roof of the truck.
            I thought it was supposed to be covered by that
            insurance that I paid $70 for and they tried to tell
            me that it was "secondary insurance" meaning that my
            car insurance policy should have taken care of it.
            Well, I checked with my insurance agent before renting
            the truck and he said that it would not cover a rental
            truck and that was why I got the extra insurance in
            the first place. So I wrote them back and told them
            that I had been told that there was nothing else I
            needed to do, and I never heard any more from them.
            (I can't say that was the exact sequence of events, it
            has been 7 years after all.) But I am sure that if I
            had filed a claim on my car insurance they would have
            raised my rates, so I think they were just trying to
            rip me off. This was U-Haul that tried to do this.
            I suggest you demand verification and I hope you
            fight this. If they are going to sell this expensive
            "insurance" and then try to make you pay for this,
            then they are just trying to rip you off. It probably
            would not be a bad idea, when renting these things, to
            have a small tape recorder going when you ask the
            rental guy "does this insurance cover everything?" and
            he says "yes". Or witnesses.





            --- Tom Kearse <tkearse@...> wrote:
            > Demand the contract making your wife liable.
            > Your son might want to sue the agency for the amount
            > in question for selling
            > him insurance that didn't pay.
            > ----- Original Message -----
            > From: "drbradb1" <drbradb1@...>
            > To: <tips_and_tricks@yahoogroups.com>
            > Sent: Sunday, March 30, 2003 9:26 AM
            > Subject: [tips_and_tricks] Collection problem
            >
            >
            > > Hello all,
            > > I want to get the groups take on a collection
            > matter.The sum in
            > > dispute is 3600$Here are the facts.My wife called
            > a truck rental
            > > agency and reserved a moving van for my son to use
            > to
            > > move.She gave a credit card # to the person
            > making the
            > > reservation over the phone in order to reserve
            > the truck.During
            > > the course of the move the truck was damaged by
            > hitting an
            > > overhead train trestle.The damage to the truck
            > ,they claim is
            > > 3600$.My son signed the contract,not my wife,my
            > son purchased
            > > the insurance from the rental agency.My son claims
            > he was told,
            > > at the time of rental ,the insurance covers any
            > and all damages.I
            > > was not a witness to that remark.Scince my son is
            > young and
            > > has a family and is just starting out in life he
            > has no assets nor
            > > much of a credit record.I think the company is
            > going after the
            > > deeper pockets.The rental company gave my wife 10
            > days to pay
            > > or the sum gets sent to a collection agency.My
            > thought would be
            > > to ask the collection agency to verify the claimed
            > debt.There is no
            > > signed contract by my wife.any other thoughts on
            > the matter
            > > would be welcome.Thanks in advance.
            > > Brad
            > >
            > >
            > >
            > >
            > > To unsubscribe from this group, send an email to:
            > > tips_and_tricks-unsubscribe@yahoogroups.com
            > >
            > >
            > >
            > > Your use of Yahoo! Groups is subject to
            > http://docs.yahoo.com/info/terms/
            > >
            > >
            >
            >
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            >


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          • Bill Bauer
            Don t ever believe that if a collection agency purchases a debt that it will be extingushed. Nothing on earth could be further from the truth and if you doubt
            Message 5 of 14 , Apr 2, 2003
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              Don't ever believe that if a collection agency purchases a debt that it will be
              extingushed. Nothing on earth could be further from the truth and if you doubt
              that then please be so kind as to give me a court case number wherein the judge
              denied the collector the right to collect on a debt he had purchased.



              Tim Kiley wrote:

              > Won't a collection agency purchase the "debt" thus extinguishing it?
              >
              > Tm Kiley
              >
              > ----- Original Message -----
              > From: "Tom Kearse" <tkearse@...>
              > To: <tips_and_tricks@yahoogroups.com>
              > Sent: Tuesday, April 01, 2003 10:08 PM
              > Subject: Re: [tips_and_tricks] Collection problem
              >
              > > Demand the contract making your wife liable.
              > > Your son might want to sue the agency for the amount in question for
              > selling
              > > him insurance that didn't pay.
              > > ----- Original Message -----
              > > From: "drbradb1" <drbradb1@...>
              > > To: <tips_and_tricks@yahoogroups.com>
              > > Sent: Sunday, March 30, 2003 9:26 AM
              > > Subject: [tips_and_tricks] Collection problem
              > >
              > >
              > > > Hello all,
              > > > I want to get the groups take on a collection matter.The sum in
              > > > dispute is 3600$Here are the facts.My wife called a truck rental
              > > > agency and reserved a moving van for my son to use to
              > > > move.She gave a credit card # to the person making the
              > > > reservation over the phone in order to reserve the truck.During
              > > > the course of the move the truck was damaged by hitting an
              > > > overhead train trestle.The damage to the truck ,they claim is
              > > > 3600$.My son signed the contract,not my wife,my son purchased
              > > > the insurance from the rental agency.My son claims he was told,
              > > > at the time of rental ,the insurance covers any and all damages.I
              > > > was not a witness to that remark.Scince my son is young and
              > > > has a family and is just starting out in life he has no assets nor
              > > > much of a credit record.I think the company is going after the
              > > > deeper pockets.The rental company gave my wife 10 days to pay
              > > > or the sum gets sent to a collection agency.My thought would be
              > > > to ask the collection agency to verify the claimed debt.There is no
              > > > signed contract by my wife.any other thoughts on the matter
              > > > would be welcome.Thanks in advance.
              > > > Brad
              > > >
              > > >
              > > >
              > > >
              > > > To unsubscribe from this group, send an email to:
              > > > tips_and_tricks-unsubscribe@yahoogroups.com
              > > >
              > > >
              > > >
              > > > Your use of Yahoo! Groups is subject to
              > http://docs.yahoo.com/info/terms/
              > > >
              > > >
              > >
              > >
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              > >
              > >
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              > >
              > >
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            • Brian Brooks
              I go to court 5-1-03 for a judement with discover....what do i say ... From: Tim Kiley To: tips_and_tricks@yahoogroups.com Sent: Wednesday, April 02, 2003
              Message 6 of 14 , Apr 3, 2003
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                I go to court 5-1-03 for a judement with discover....what do i say
                 
                ----- Original Message -----
                From: Tim Kiley
                Sent: Wednesday, April 02, 2003 10:45 AM
                Subject: Re: [tips_and_tricks] Collection problem

                Won't a collection agency purchase the "debt" thus extinguishing it?

                Tm Kiley

                ----- Original Message -----
                From: "Tom Kearse" <tkearse@...>
                To: <tips_and_tricks@yahoogroups.com>
                Sent: Tuesday, April 01, 2003 10:08 PM
                Subject: Re: [tips_and_tricks] Collection problem


                > Demand the contract making your wife liable.
                > Your son might want to sue the agency for the amount in question for
                selling
                > him insurance that didn't pay.
                > ----- Original Message -----
                > From: "drbradb1" <drbradb1@...>
                > To: <tips_and_tricks@yahoogroups.com>
                > Sent: Sunday, March 30, 2003 9:26 AM
                > Subject: [tips_and_tricks] Collection problem
                >
                >
                > > Hello all,
                > > I want to get the groups take on a collection matter.The sum in
                > > dispute is 3600$Here are the facts.My wife called a truck rental
                > > agency and reserved a moving van for my son to use to
                > > move.She gave a credit card #  to the person making the
                > > reservation  over the phone in order to reserve the truck.During
                > > the course of the move the truck was damaged by hitting an
                > > overhead train trestle.The damage to the truck ,they claim is
                > > 3600$.My son signed the contract,not my wife,my son purchased
                > > the insurance from the rental agency.My son claims he was told,
                > > at the time of rental ,the insurance covers any and all damages.I
                > > was not a witness to that remark.Scince my son is young and
                > > has a family and is just starting out in life he has no assets nor
                > > much of a credit record.I think the company is going after the
                > > deeper pockets.The rental company gave my wife 10 days to pay
                > > or the sum gets sent to a collection agency.My thought would be
                > > to ask the collection agency to verify the claimed debt.There is no
                > > signed contract by my wife.any other thoughts on the matter
                > > would be welcome.Thanks in advance.
                > > Brad
                > >
                > >
                > >
                > >
                > > To unsubscribe from this group, send an email to:
                > > tips_and_tricks-unsubscribe@yahoogroups.com
                > >
                > >
                > >
                > > Your use of Yahoo! Groups is subject to
                http://docs.yahoo.com/info/terms/
                > >
                > >
                >
                >
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              • Tom Kearse
                is this in regards to the rental truck referenced below? ... From: Brian Brooks To: tips_and_tricks@yahoogroups.com Sent: Thursday, April 03, 2003 10:10 PM
                Message 7 of 14 , Apr 4, 2003
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                  is this in regards to the rental truck referenced below?
                  ----- Original Message -----
                  Sent: Thursday, April 03, 2003 10:10 PM
                  Subject: Re: [tips_and_tricks] Collection problem

                  I go to court 5-1-03 for a judement with discover....what do i say
                   
                  ----- Original Message -----
                  From: Tim Kiley
                  Sent: Wednesday, April 02, 2003 10:45 AM
                  Subject: Re: [tips_and_tricks] Collection problem

                  Won't a collection agency purchase the "debt" thus extinguishing it?

                  Tm Kiley

                  ----- Original Message -----
                  From: "Tom Kearse" <tkearse@...>
                  To: <tips_and_tricks@yahoogroups.com>
                  Sent: Tuesday, April 01, 2003 10:08 PM
                  Subject: Re: [tips_and_tricks] Collection problem


                  > Demand the contract making your wife liable.
                  > Your son might want to sue the agency for the amount in question for
                  selling
                  > him insurance that didn't pay.
                  > ----- Original Message -----
                  > From: "drbradb1" <drbradb1@...>
                  > To: <tips_and_tricks@yahoogroups.com>
                  > Sent: Sunday, March 30, 2003 9:26 AM
                  > Subject: [tips_and_tricks] Collection problem
                  >
                  >
                  > > Hello all,
                  > > I want to get the groups take on a collection matter.The sum in
                  > > dispute is 3600$Here are the facts.My wife called a truck rental
                  > > agency and reserved a moving van for my son to use to
                  > > move.She gave a credit card #  to the person making the
                  > > reservation  over the phone in order to reserve the truck.During
                  > > the course of the move the truck was damaged by hitting an
                  > > overhead train trestle.The damage to the truck ,they claim is
                  > > 3600$.My son signed the contract,not my wife,my son purchased
                  > > the insurance from the rental agency.My son claims he was told,
                  > > at the time of rental ,the insurance covers any and all damages.I
                  > > was not a witness to that remark.Scince my son is young and
                  > > has a family and is just starting out in life he has no assets nor
                  > > much of a credit record.I think the company is going after the
                  > > deeper pockets.The rental company gave my wife 10 days to pay
                  > > or the sum gets sent to a collection agency.My thought would be
                  > > to ask the collection agency to verify the claimed debt.There is no
                  > > signed contract by my wife.any other thoughts on the matter
                  > > would be welcome.Thanks in advance.
                  > > Brad
                  > >
                  > >
                  > >
                  > >
                  > > To unsubscribe from this group, send an email to:
                  > > tips_and_tricks-unsubscribe@yahoogroups.com
                  > >
                  > >
                  > >
                  > > Your use of Yahoo! Groups is subject to
                  http://docs.yahoo.com/info/terms/
                  > >
                  > >
                  >
                  >
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                  >
                  >
                  >
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                  >




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                • Tim Kiley
                  Get and study the Richard Cornforth materials... FAST! Tim Kiley ... From: Brian Brooks To: tips_and_tricks@yahoogroups.com Sent: Thursday, April 03, 2003 8:10
                  Message 8 of 14 , Apr 4, 2003
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                    Get and study the Richard Cornforth materials... FAST!
                     
                    Tim Kiley
                    ----- Original Message -----
                    Sent: Thursday, April 03, 2003 8:10 PM
                    Subject: Re: [tips_and_tricks] Collection problem

                    I go to court 5-1-03 for a judement with discover....what do i say
                     
                    ----- Original Message -----
                    From: Tim Kiley
                    Sent: Wednesday, April 02, 2003 10:45 AM
                    Subject: Re: [tips_and_tricks] Collection problem

                    Won't a collection agency purchase the "debt" thus extinguishing it?

                    Tm Kiley

                  • Tom Kearse
                    Cornforths matrials on void judgements are excellent, but one needs to know procedure first, and that is the only way to make a void judgement argument stick.
                    Message 9 of 14 , Apr 4, 2003
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                      Cornforths matrials on void judgements are excellent, but one needs to know procedure first, and that is the only way to make a void judgement argument stick.
                      If i were in that situation, i would procedurally establish the validity (or lack thereof) of the judgement before court date.  Then you go into court and present the judge with the agreement of the parties, no controversy, no case.
                      ----- Original Message -----
                      From: Tim Kiley
                      Sent: Friday, April 04, 2003 12:13 PM
                      Subject: Re: [tips_and_tricks] Collection problem

                      Get and study the Richard Cornforth materials... FAST!
                       
                      Tim Kiley
                      ----- Original Message -----
                      Sent: Thursday, April 03, 2003 8:10 PM
                      Subject: Re: [tips_and_tricks] Collection problem

                      I go to court 5-1-03 for a judement with discover....what do i say
                       
                      ----- Original Message -----
                      From: Tim Kiley
                      Sent: Wednesday, April 02, 2003 10:45 AM
                      Subject: Re: [tips_and_tricks] Collection problem

                      Won't a collection agency purchase the "debt" thus extinguishing it?

                      Tm Kiley



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                    • Bill Bauer
                      The best advice I have to offer is don t go and don t argue with them. Let them get their judgment then once the judgment is memorialized go get copies of the
                      Message 10 of 14 , Apr 4, 2003
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                        The best advice I have to offer is don't go and don't argue with them. Let them get their judgment then once the judgment is memorialized go get copies of the paperwork in the judgment and look for ways to get it vacated on motion to vacate void judgment. Since there are at least 23 reasons why a judgment might be null and void upon it's face its not all that tough to get them vacated.

                        That's the way I go after them. Works for me.

                         

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