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

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.

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!

"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.

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: http://www.utahbar.org/public/consumer_assistance_program.html

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!

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