Jump to content

Search the Community

Showing results for tags 'Maryland'.

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


Forums

  • Intro & News
    • Please Read Before Posting - NEWBIES START HERE
    • CB gets Press!
    • CreditBoards Success Stories
    • Newbies Section
  • Creditboards Main Forums
    • Credit Forum
    • Medical Billing & Medical Collections
    • Bankruptcy
    • Foreclosures/Loan Modifications
    • Chexsystems Help
    • Debt Consolidation, Counseling and Management
    • Military Credit
    • Canadian Credit
  • Financing
    • Mortgages
    • Automotive Financing
    • Student Loans
    • Business Credit
  • Money Management
    • Money Management
  • Special Topics
    • VISA MC policies
  • Resources
    • Laws Laws Laws
    • Where can I Find?
    • CaseLaw
    • State Laws
    • Debt Collector Hall of Shame
    • Identity Theft
    • CreditPulls Database
    • Databases and Reference
    • Sample Letters
  • Misc.
    • General Discussion

Find results in...

Find results that contain...


Date Created

  • Start

    End


Last Updated

  • Start

    End


Filter by number of...

Joined

  • Start

    End


Group


Website URL


ICQ


Jabber


Skype


Location


Interests


Member Title

Found 1 result

  1. Finch v. LVNV FUNDING LLC, Md: Court of Special Appeals 2013 Default judgments were entered against each appellant. Appellants thereafter filed a class action in the circuit court, alleging that LVNV was not licensed as a collection agency, as required by Maryland law, when it obtained the underlying district court judgments. Appellants sought to represent a class comprised of all persons against whom LVNV had obtained a judgment for an alleged debt in Maryland state courts during the period of time in which LVNV was unlicensed. The class action complaint asserted five claims. Appellants sought declaratory and injunctive relief, damages for unjust enrichment, and damages for alleged violations of the Maryland Consumer Debt Collection Practices Act and the Maryland Consumer Protection Act. The circuit court dismissed appellants' complaint on the basis that it constituted an impermissible collateral attack on the district court judgments. This appeal followed ---------------------------- For these reasons, we hold that a judgment entered in favor of an unlicensed debt collector constitutes a void judgment as a matter of law. Accordingly, any judgments obtained by LVNV in the district court while operating as an unlicensed collection agency are void. ---------------------------------- For the foregoing reasons, we hold that the circuit court erred in dismissing appellants' complaint. LVNV was not licensed when it obtained judgments against appellants in the district court; accordingly, the underlying district court judgments are void. We further hold that parties may collaterally attack a void judgment in another court. The circuit court, therefore, erred by ruling that appellants' complaint constituted an impermissible collateral attack on the district court judgments. Accordingly, we reverse the judgment of the Circuit Court for Baltimore City, and remand for further proceedings consistent with this opinion read the whole ruling here; http://scholar.google.com/scholar_case?case=9749006638091405468&hl=en&as_sdt=2,3 So if you were a resident of Maryland, and have a LVNV judgment on your report that was awarded between October 30, 2007 through February 17, 2010 You may be able to have the judgment vacated based on this decision by the MD Special court of Appeals , which is good statewide in any lower court ( small claims, district, magistrate, etc.) Once the judgment is voided, you can have it deleted off your reports. Since this has gone back to the circuit courts so that the Class action can go forward - the Class action may take care of it all. ( I'm not a lawyer, and if you need to have a judgment vacated, I suggest you seek out legal advice on how to do this)
×
×
  • Create New...

Important Information

Guidelines