• Report: #247202

Complaint Review: CACV OF COLORADO

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  • Submitted: Sun, May 06, 2007
  • Updated: Thu, May 10, 2007

  • Reported By:Tampa Florida
CACV OF COLORADO
370 17TH ST STE 5000 Denver, Colorado U.S.A.

CACV OF COLORADO 3rd Party Creditor's unlawful ways about collecting debt ripoff Denver Colorado

*Author of original report: I RETAINED A LAWYER

*Consumer Suggestion: Tim, your looking at a bogus $9400 judgement vs. $500 lawyer fee

*Author of original report: In Need Of Help On My Situation

*Consumer Suggestion: Tim, here is the contact info you needed.

*Consumer Suggestion: Tim, GET A LAWYER!!

*Author of original report: Complaint Filed

*Author of original report: Default Final Judgment

*Consumer Suggestion: Tim, here's what you do.

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I recently was checking on my credit report to find out what range my credit scores were in and to find out if a recent payoff on a credit card went through. Sure enough things were looking up for me until I found a (ccj) judgement on my report.

I saw that that the negative item on my report's Public Record was of the company CACV OF COLORADO LLC. I saw that this same company ownes the collection from a credit card that was charge up years ago. I did not pay this for personal reasons. My credit card at that time was a $5,000 limit. Now CACV is trying to get over $7,000 for this.

This is the first time I knew of this judgement and I never received any letters etc. on this from CACV. Another reason I was checking on my credit was to know where I am because I'm looking at moving in the near future.

I have been reading other people's letters on this same company. There is a guy by the name of Steve from Bradenton, FL. I work and live in Florida and I was wondering if Steve could give me some advice on this knowing the Florida laws.

This account has 1 more month to come off my credit. It's been nearly 7 years. How can I go about taking the right steps and actions at this point. I need to get the Judgement off my credit.

Thanks,

Tim
Tampa, Florida
U.S.A.

This report was posted on Ripoff Report on 05/06/2007 09:28 PM and is a permanent record located here: http://www.ripoffreport.com/r/CACV-OF-COLORADO/Denver-Colorado-80202/CACV-OF-COLORADO-3rd-Party-Creditors-unlawful-ways-about-collecting-debt-ripoff-Denver-Co-247202. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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Updates & Rebuttals

#1 Author of original report

I RETAINED A LAWYER

AUTHOR: Tim - (U.S.A.)

Steve,

I took your advice and sought Legal advice and more. I don't want to say to much here.

I read another report that you are speaking to others about this same company. There was something mentioned about the Statue of Limitation and the 7 year Credit time of differences. My question to you would be if I hadn't done anything such as payments within the last 5 years on this account, would this count as past the Statue Of Limitations in the State of Florida and would I have a case on this as well for CACV filing a Judgement against me?

How about if I had a good case and I was to counter sue. What could you be looking at if I had a case to counter sue? I really just want my credit free of these items and any legal fees to be paid off. If I decided and again had a case to sue them, what kind of damages and $$$ could I be looking at? It would be nice to come back to this site to post a good outcome so everyone else with problems from this company can have something to look forward to.

Thanks again Steve for all your help and advice. Are you sure your not a Lawyer?

Tim
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#2 Consumer Suggestion

Tim, your looking at a bogus $9400 judgement vs. $500 lawyer fee

AUTHOR: Steve - (U.S.A.)

Tim,

The way I do my math, risking having my wages and bank accounts, etc garnished to the tune of $9400, vs, finding a way to get a lawyer $300-$500 is a no brainer.

You can always recover your lawyer fees and court costs when you win.

I would find a way TODAY of getting a GOOD lawyer familiar with collections law. Contact the NACA and/or Bud Hibbs for a referral in your area.

Good luck.
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#3 Author of original report

In Need Of Help On My Situation

AUTHOR: Tim - (U.S.A.)

Steve,

I know how important it is to get a Lawyer right now from the your commments but I'm just now getting back on my feet from my Property Taxes that I had to pay and I really can't afford one at this point.

Is there just a form I can fill out from the County Court system for me to be able to fight this somehow by getting this back to court? I would like to see if I can take this back to court to get this atleast set aside for now and then once my 7 years are up possible the account will get deleted?

I really don't know but I thought I would throw that out there. If you really don't see it any other way then to get a Lawyer then I will just have to do it somehow.

Is there a way that my Lawyer can get CACV to pay for my court cost and my Lawyer for this?

Thanks very much for all your help on this.

Tim
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#4 Consumer Suggestion

Tim, here is the contact info you needed.

AUTHOR: Steve - (U.S.A.)

I suggest sending your written complaint to them by certified mail/RRR and put the certified# on the letter itself and keep a copy for your records.

The Florida Bar
651 E. Jefferson Street
Tallahassee, FL 32399-2300
Tel:850/561-5600
Fax:850/561-5827

Hope this helps
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#5 Consumer Suggestion

Tim, GET A LAWYER!!

AUTHOR: Steve - (U.S.A.)

Tim,

With all of the additional information you just gave us, I would advise you to get a lawyer IMMEDIATELY.

It is obvious that they engaged in "sewer service". A good lawyer can challenge the service of the summons. If the service was bad, the lawyer can get the judgement vacated.

You can also challenge chain of title, and amount being sued for. The interest sounds excessive an more than what the law would allow.

Also file Bar Association complaints on all lawyers involved, as well as ftc.com complaints online.

Get a lawyer who specializes in debt issues, which can be found at the NACA and/or the budhibbs website. Contact Bud for a referral.

Good luck.
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#6 Author of original report

Complaint Filed

AUTHOR: Tim - (U.S.A.)

I Filed a complaint at ftc.gov but I did not yet find the area online to file a Bar Association complaint on whatever lawyer handled the case?
Where would I go about finding this?

Should I contact (send certified mail) to CACV asking for a copy of my signed contract that I had with Chase Manhat.?

Thanks again,

Tim
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#7 Author of original report

Default Final Judgment

AUTHOR: Tim - (U.S.A.)

Steve,

Thanks for the response. I looked up the information and found the scanned copy of the judgment case CACV vs.(me).

It was stamped with a Default Final Judgment. The date filed was March 15th 2007. The information that stands out that is incorrect is the address. They did send this to my last address. This also states the $ which is the principle sum of $7,100, attorney fees $750.00, court cost $300.00 then interest in the amount of $9,400, the total of which shall bear interest at the rate of 11% per annum, for all the above execution issue forthwith.

Now this mentioned that I had 45 days to fill out a Florida Rules Form 1.977

The Law office for CACV is as followed or copies mailed to:
Law Offices of Andreu & Palma, LLP
701 sw 27th ave, ste. 900
Miami, FL 33135

(and of course my old address)

Do I really need lawyer or can I fight this on my own? If I do need an lawyer do you have any suggestions. This is held in Polk County FL.

Thanks,
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#8 Consumer Suggestion

Tim, here's what you do.

AUTHOR: Steve - (U.S.A.)

Tim,

The first thing you need to do is contact the court where you live and get every peice of paper filed regarding the judgement.
Examine everything carefully, as I am sure you will find falsified information.

What most likely happened is something called "sewer service" where they served an old address of yours that they knew you were not at so they could get "good service" and then get the default judgement on you when you failed to respond.

If that is the case, it is easy enough to get the judgement vacated. However, you WILL need a lawyer.

File a complaint online at ftc.gov for the illegal/unethical collection activity, and also file a Bar Association complaint on whatever lawyer handled the case.

Get this stuff done first and just wait. However, you may want to change banks and accounts as they may drain your account(s).

What is the date of the filing of the judgement? This is very important.
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