HELP! Doesn't a plaintiff in a lawsuit have to actually exist?

how much do you owe?

If all else fails and you can't find any information or contact numbers, you can always show up for court. Most likely, LCC won't show up and the case will be dismissed. A lot of these low life "firms" are after default judgments so they can garnish your wages.

If you cannot afford an attorney, check out your local legal aid office. Not showing up is pretty much allowing the court to rule against you by default. Even if they can't represent you, they might be able to give good legal advice. Before going though, google search as much as you can about the company, lawyers, revivor judgement, and other details. Other people may have gone through something similar and may have good points to bring up with your lawyers. Walk with whatever you find by the way.

Most (if not all) collection agencies have awful reputations. And not ONLY because they are collecting debts. They can be very nasty from what I remember reading. That firm, any possibility it's the lawyers listed collecting under a fictitious business? Perhaps because they were hired by another firm or the business to collect on their behalf?

Good luck.

it SAYS the original judgment was for around 10k. This supposed judgement is NOT on my credit report. I know nothing about it. NOW they are trying to revive this supposed judgement for around 20k. WTF

Thanks guys...and a for any more help.

Be sure to turn up on time.

THese guys? [link to www.legalcollection.com]

you need to get a copy of the original judgement. you were probably sued and let the plaintiff win by default. now they want to revive the old judgement so the statute of limitations doesn't expire on it. get a copy of the original judgement and go get an attorney. attorneys aren't as expensive as you think. OR....you could do nothing and if you have a job your wages will get garnished or bank accounts seized or property taken.

First of all, this appears to be a collection agency which you did not contract with.

For a contract to be valid, there must be 2 parties, consideration from both parties and a signature from both parties.

Here's what to do. Send them a letter indicating that you would be pleased to comply with their requests if they can

1. provide a signed contract with their signature AND your signature on it.

2. validate the debt (very important because they can't do it)

Send this in a registered letter. You will never hear from them again because in reality, they bought the debt from the institution you originally contracted with, and now they're trying to squeeze the money from you. This is akin to extortion as they have no contract with you.

Don't respond to their correspondence because then you will give them the authority to come after you.

So by sending the letter, you remain in honor and you put the ball in their court and they can't comply with your requests, so they will be in dishonor and it will all go away.

Hope this helps.

nope...that's just their domain name

hmmm...I like this but it appears they already have a judgement they are trying to revive. What's weird is this judgement does not appear on my credit report. I know nothing about it.

also the plaintiff: LEGAL COLLECTION CO doesn't exist as far as I can tell.

Last Edited by Psi Guy on 05/05/2014 02:06 PM

just bumpin ... any info appreciated

Did you get a copy of the original debt with your signature when you were served? If not, you need to show up in court and request a copy of that.

If they don't show up, chances are the judge will dismiss the case for want of prosecution.

If they do show up, the judge will order they provide proof of the debt.

I would print out a copy of your credit report from all 3 agencies showing it isn't on there. That will put the ball in their court to demonstrate that it does exist. If it's not on your report anywhere, then you haven't been alerted, which means they haven't done their due diligence before suing you.

What they're hoping for is that you will want to avoid court costs and headache and just agree to settle.

Last Edited by ssle on 05/05/2014 02:20 PM

Hope this helps.
Quoting: zumax


hmmm...I like this but it appears they already have a judgement they are trying to revive. What's weird is this judgement does not appear on my credit report. I know nothing about it.

also the plaintiff: LEGAL COLLECTION CO doesn't exist as far as I can tell.


How old is the original action?

There is a statute of limitations on debt. If it's not on your credit report, it could be past that date.

Revivor of Judgment ???? lol Looks like they're bringing it back from the dead. These bastards will try anything to scare you into compliance. Like I said before, do NOT correspond with them other than that registered letter. If you do, you will revive the debt by acknowledging them and contracting with them. You do not want to do that.

Peace to you.

File a countersuit.

Wree u legally served/ Is there a summons attached? Does it have a case number? Does it have a valid judges sugnature? have u called the court to verify "Proof of Service" has been filed?

wait. i thought the only way to revive an old debt was to pay on it? you mean by simply corresponding with the old creditor a debt older that 7 years can be revived?

Whynow, I think I may have not completed my thought properly. More than just corresponding with these people, you must never sign anything from them because it will revive the judgment and give them standing to come after you for the debt.....unless you demand that they provide a copy of the original contract and demand that they validate the debt, which they can never do. Sorry for the confusion.

After 4 years without a payment they have to pound sand (at least in CA).

thanks guys...need all the advice I can get. trying to get a hold of a lawyer right now.

I have a Legal Shield membership (formerly Pre-Paid Legal) and you can speak to an attorney for $26 bucks a month.. ask as many questions as you like and have them review documents/letters to 3rd parties for you. Even send letters out on your behalf. You may want to look into it... find a rep in your state and sign up for a month... ask your questions, have them review the docs and then cancel if you don't want to continue. But I've had it for over 14 years now... (over 360 hours of attorney hours for court cases if I'm sued and a ton of other stuff)... check it out.

www.LegalShield.com

Last Edited by S.O.S. on 05/05/2014 05:08 PM

I am a civil litigation attorney attorney. I am having phone issues and am unable to post easily. I am at work now but will check this thread when I get home. I will give you some practical advice. Be back in a bit.

yay

I believe this is very sound advice. They must produce signature within 30 days. There are organizations in your city or county to help.

Do not ignore. You must defend yourself.

the money they were or are trying to collect does it say from what... was it a credit card or something?

if you think its a scam maybe go to your local bank ask them what to do?

if you think its a scam I would call them but find a way to report them

I mean i wouldnt call them