Report: #504261

Complaint Review: Johnson Riddle & Mark, LLC.

  • Submitted: Sun, October 04, 2009
  • Updated: Thu, January 28, 2010
  • Reported By: T — Salt Lake City Utah USA
  • Johnson Riddle & Mark, LLC.
    11778 South Election Drive Suite 240
    Draper, Utah
    United States of America

Johnson Riddle & Mark, LLC. Attorneys for plaintiff Capital One Bank USA Judgement on credit card account not validated. Post Judgement request for list of items such as: other debts, other judgements, spousal information much more. Courtroom of people provided it to them Draper, Utah

*Consumer Comment: Utah helps Riddle with the laws they have in place

*Consumer Comment: I concur

*Consumer Comment: I think you're past the point of demanding validation.

*Consumer Suggestion: Do this

*General Comment: Comment

Show customers why they should trust your business over your competitors...

In February 2009 I  was contacted by Johnson Riddle & Mark  Utah law firm in regards to an alleged Capital One Account. I originally received numerous phone calls on the account. I always told the bill collector that I was not going to pay unless the account was validated as per guidelines and debt collection laws of the United States.

  Time went by and I was served papers to appear in court. I disputed in writing with the court clerk filing and contacting the law firm via certified mail. I was served papers again demanding a shopping type list of data which would be needed to collect on a debt.

 But wait one minute, if they are collecting the debt for a valid reason they should already have the debt related pertinent data. I did not respond and to my own fault a JUDGMENT was entered against me in the amount of approximately $1550 dollars for an original credit card debt of approximately $400.00. 

  The bill collectors from Johnson Riddle & Mark would call numerous times and hang up. They would also demand to speak to me even though I am just a renter at the residence and insisted they were speaking to my spouse, even though I am single.

 Then came a request for a disclosure of personal property in West Jordan Utah Court. I appeared before two court clerks and no judge present, with more than 60 people. The 60 or so people were there due to judgements received against them by Johnson Riddle & Mark. WE WERE PASSED OUT A SINGLE PIECE OF PAPER AND TOLD TO FILL OUT THIS ENTIRE ONE PAGE DOCUMENT AND GET BACK TO SPEAK WITH a representative or Attorney for Johnson Riddle & Mark that day in court. The LIST IS VERY QUESTIONABLE; the court documents ordered all of us to disclose property the list that was given to everyone obeying like sheep was for much more than just property. I have the list and the list included things such as your spouses information. Do you have other debts. Do you have other credit accounts. Do you have any other judgements or bankruptcies. A one piece request for a bill collectors dream of updated information.

I filled it out partially and requesting a court hearing which was filed by the court clerk and a certified copy was mailed to Johnson Riddle & Mark. There has been no response in over two weeks. My credit has a judgement on it. I am not going to pay the debt until it is validated. Others unfortunately that day in court just did whatever the law firm and representatives wanted, made payments, payment arrangements without a Judge present.

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This report was posted on Ripoff Report on 10/04/2009 05:48 PM and is a permanent record located here: 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. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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#1 Consumer Comment

Utah helps Riddle with the laws they have in place

AUTHOR: Blueysbe - (United States of America)

I too have been taken in by this company.  I owed a Capitol One credit card that was charged off.  12/2007 I was on the phone to Capitol Once trying to make a payment to bring the account current.  I was disconnected, then the office phone rang and the woman on the other end said she was with Capitol One, I made my payment after she processed the payment she asked for payment arrgmts.  I said why I have a monthly payment already, she then said she made a mistake and was actually with united recovery Systems, LP a debt collector, she refused to give my payment back and it just went down hill from there.  It ended up in Utah in 2009 at R. Bradley Neff, P.C. who filed a small claim, I responded to the small claim filed my answer, sent them copies.  I guess R. Bradley Neff was arrested and put in jail so Johnson, Riddle & Mark, LLC took over.  Sent me copies of court documents that looked like I had a default judgment.  Took them to the courts, nothing had been filed.  I did not know I could ask for a trial. Suddenly I receive a letter from them saying that they have a default judgment @ 28% interest.  I went to the court and they printed out all the filings that had gone on and they had been trying to get this default judgment for some time but the judge was saying no because they were trying to say that I never answered the claim.  They never sent me a copy.  Finaly the Judge went ahead and gave it to them.  I finally received all the copies 6 months after they filed them.  Doesn't do me any good then.  December 21, 2009, they sent me a letter saying they had a default judgment that was entered November 19, 2009.  When I called them I said the amount it way off and that I was going to try to have the judgment removed she said to late you have to pay.  I received a notice that my credit report went down, when I checked it was because Riddle did a Hard Inquiry to see what they could use. There was a credit listing of America First Credit Union, two days after they pulled my credit report I receive a Subpeona for America First.  How convinent.  That is supposed to be against the law accourding to the FCRA.  But of course Utah statute 13-45-203. Says that it is okay to run a credit report for the purposes of Collecting on a financial obligation owed by the consumer to the third party requesting the credit report; or collect on a financial obligation owed by the consumer to another person.  The third party requesting the credit report is a subsidiary, affifiliate, agent, assignee, or prospective assignee of the person holding the consumer's account or to whom the consumer owes a funancial obligation.  So in other words the Federal government says its illegal for a collection agency to pull your credit report most states say its illegal but of course Utah says go right ahead.  I was going to sue them and have them owe me money.  Not a chance with Utah's laws, in fact in Utah they don't have to validate the debt. They cam scribble on a piece of paper you owe this and the courts will accept it.  Sorry guys but its a fact.
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#2 Consumer Comment

I concur

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

Flynrider is exactly right.

As far as the law is concerned, the debt has already been validated via judgment. Once a judgment is in place, you can do all the kicking, screaming, complaining to bar associations, and requesting validations that you want. But it's not going to do you a lick of good.

Sorry if that was harsh, but you need to understand where you are in this game right now. Forget about debt collection laws and your rights under such laws. Right now, you need to focus on court rules.

Now, you state that you were served papers, and that you disputed the allegations in those papers in a filing with the court clerk, which was also sent to the attorneys. Correct so far?

Then you were served with papers asking for information (a.k.a. a "discovery request"), and you did not respond. Correct?

Then a judgment was entered against you, I'm assuming a default judgment, correct?

Here's my issue. Your report makes it sound as though you received a default judgment against you for failing to respond to a discovery request. I'm not familiar with your state's court rules, but this would be highly unusual. I'm thinking there was more that you missed.

Did you miss a court date? Did they file a motion for summary judgment based on your failure to answer the discovery request? Was judgment entered against you as a sanction for not complying with the discovery request?

At any rate, there is a judgment in place, and you have three options:

1) Pay the judgment, either voluntarily or through garnishments and seizures;

2) File bankruptcy; or

3) Get the judgment set aside and start over.

Option 3 gives you the most favorable outcome, but its not an easy feat, as pointed out above. In fact, it's all but impossible without an attorney's assistance.

And that's the long and short of it. You can still file any complaints you had before, but doing so isn't going to make this judgment debt go away.

Best of luck!

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#3 Consumer Comment

I think you're past the point of demanding validation.

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

"I am not going to pay the debt until it is validated."

   You should have done that before the judgement was entered against you.  Since you decided to ignore the court proceedings (for whatever reason), you now have a valid judgement against you.

   You're not going to make any headway on this unless you can get that judgement overturned.   Unfortunately, most judges are not going to do this if you were properly given an opportunity to respond and ignored it.

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#4 Consumer Suggestion

Do this

AUTHOR: Tweebs - (USA)

Contact the Utah State Attorney General's office (801-366-0260), the Office of Professional Conduct with the Utah State Bar Association (801-531-9110) and the FTC (1-877-382-4357). File a complaint against them with each of the listed above. The OPC will require you to fill out a complaint form and send it in. They can send it to you, or you can download it at:

The Attorney General's office will require you to submit a complaint in writing or typed with signature to them about what happened.

I suggest doing all three to get these...rats taken down. I have already filed a complaint with the FTC, I'm now submitting complaints to the other two listed above. Good luck. Oh yeah, if you go to the BBB of Utah's website, they gave Johnson Riddle & Mark an "F". LOL!
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#5 General Comment


AUTHOR: Utah - (USA)

Have others joined with you on the lawsuit?  I may want to join.  Please contact me.
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