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Collections Law/Judgment by an illegitimate entity

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Expert: Creditwrench - 6/21/2008


Question
QUESTION: Hi,

I was suited over a year ago by Unifund CCR Partners, A New York Parntership, and failed to respond. As a result a default judgment was entered against me.

However, I just found out that there is no such thing as "Unifund CCR Partners, A New York Parntership".

Do I still have time to vacate the judgment? I am living in California.

Thanks,
Chris

ANSWER: What did you find out that says there is no such thing as "Unifund CCR Partners?

What it wrong with the judgment that makes you believe that it might be vacatable?

Now then, I don't necessarily disagree with you, I just want to see what you might have come across in the way of information that might be helpful to others.

Answer me those questions and then we will go into what might be done about your situation.


---------- FOLLOW-UP ----------

QUESTION: This is what I got the State of New York:


This is in response to your request  for the status of:

UNIFUND CCR PARTNERS

Upon a search of our indices we find no record of the above named
entity.

You may wish to contact the county clerk's office in the county where
the entity is located to determine if the certificate is on file at the
county level.

We hope you find the above information to be of assistance.  If we may
provide any further information, please do not hesitate to contact us.


- - - - - - - - - - - - - -
Sincerely,

NYS Department of State
Division of Corporations
One Commerce Plaza
99 Washington Avenue
Albany, NY  12231
(518) 473-2492
www.dos.state.ny.us

Answer
All that means is that they are not licensed to do business in New York which also means they don't have standing to sue you in New York. It won't do you any good to report them to that license agency but it will most likely do you some good to tell the judge that they are not in compliance with N.Y. license requirements. He would most likely have to dismiss their case until they do get licensed. But they have additional problems as well because they are not even a company registered to do business in any state that I know of. So tell it to the judge.  

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Creditwrench

Expertise

Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.

Experience

I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.

Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.

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