Active Judgement - I am at a loss!

[jayeggs]

In 2018 a lawsuit was filed in small claims court for a Walmart credit card account with JH PORTFOLIO DEBT EQUITIES, LLC.  Instead of going to court I elected to take the matter to arbitration with JAMS as allowed in the credit card agreement. The Magistrate stayed the case pending the outcome of arbitration. There were no objections so the Magistrate adopted the decision as the final order and the matter shows as closed. 

 

I filed for arbitration with JAMS in May 2018. JH Portfolio never responded to the demand for arbitration and JAMS closed the case in August 2018.

 

I have not heard anything about this since the JAMS case was closed until this week. I applied for a loan on my house. The property report came back showing a judgment owed to JH Portfolio. There was never a judgment in the case and should not be one showing as owed! 

 

I confirmed with the County Clerk of Courts that there is no active judgment for that case and the case is indeed closed.

 

I could not find any information on the company JH Portfolio Debt Equities, LLC. Google led me to an address which came back to a phone number 866-910-3711. That number was for a company named Allgate Financial. I spoke to someone there who acknowledged they did work with JH Portfolio in the past. He did not have any information on the account except that it was transferred to Resurgent Capital Services. I called Resurgent and the lady was able to locate the account. The account is showing in their system as a closed account as of 07/11/2023. They do have a department that works with judgements/liens but they wouldn't talk directly to me so the lady had to 'escalate' the issue to that department and said I should call back every few days to check on the status. 

 

I am at a complete loss here! There should be no judgement or lien in place for this and I cannot find answers to get it removed.  At this point I will not be able to secure the refinancing because of this. 

 

What should I be doing next??  Any help at all would be greatly appreciated! 

[TeeSharice]

Immediately file suit against the company and all of their aliases...

[Why Chat]

Follow the guide:

https://whychat.me/GUIDEBOOK.html

Once you have cleared your reports of old addresses and/or duplicate ss#s or other errors send a certified letter WITHOUT a signature request to any CRA where this "judgement" is reporting notifying them that the reporting of a judgement to them from this CA is false and illegal and requesting immediate deletion. Send a copy with a cover letter certified WITHOUT a signature required to the CA with a cover letter stating that you are prepared to file suit against them for defamation and will be reporting them to the proper authorities for their violation of the FCRA.

[Flyingifr]

If you have the documentation you say you have:

 

Judicial notice that the suit filed is closed and referred to Arbitration, plus

 

Documentation that the Arbitration claim was abandoned by them

 

Then I would be filing a Motion to Vacate Judgment along with a lawsuit against all companies involved back to the Original Creditor for the legal fees you will incur.

[legaleagle2012]

Resurgent is LVNV. I would suggest a good consumer lawyer, this could cost them a ton of money. Obvious FDCPA violation and more. Download everything you can about the case for the lawyer. The FDCPA provides for atty fees.

[Bluesie58]

1 hour ago, legaleagle2012 said:

Resurgent is LVNV. I would suggest a good consumer lawyer, this could cost them a ton of money. Obvious FDCPA violation and more. Download everything you can about the case for the lawyer. The FDCPA provides for atty fees.

Where did the OP say Resurgent contacted her or is the party who recorded the alleged judgment?  Just because Resurgent has a record of the account doesn’t necessarily mean they’ve acted on it.

 

I agree that she should definitely contact a consumer attorney to sort this out.

[legaleagle2012]

That's her job to find out how they are involved. If there is a docket online, the last attorney who entered an appearance is the atty of record, she should contact them, or have her lawyer do it if she gets one.

[Flyingifr]

1 hour ago, legaleagle2012 said:

That's her job to find out how they are involved. If there is a docket online, the last attorney who entered an appearance is the atty of record, she should contact them, or have her lawyer do it if she gets one.

Or go to the Court House where the Judgment was obtained and get a complete copy of the file. After all, it is a public record. Guaranteed that the attorney's name, address, phone number and ABA number (for the Ethics Violation complaint) will be on just about every document.

[jayeggs]

Thank you all for the input!   I have contacted a lawyer and sent them everything that I have including copies of the filing and finding with the court as well as the information from JAMS.  Just waiting for them to review and get back to me with the next steps. 

[jayeggs]

On 4/9/2024 at 10:58 AM, Why Chat said:

Follow the guide:

https://whychat.me/GUIDEBOOK.html

Once you have cleared your reports of old addresses and/or duplicate ss#s or other errors send a certified letter WITHOUT a signature request to any CRA where this "judgement" is reporting notifying them that the reporting of a judgement to them from this CA is false and illegal and requesting immediate deletion. Send a copy with a cover letter certified WITHOUT a signature required to the CA with a cover letter stating that you are prepared to file suit against them for defamation and will be reporting them to the proper authorities for their violation of the FCRA.

The account is not showing with any of the CRAs. No reference to the original debt or any of the 3 companies who have had ownership.  

 

 

[jayeggs]

On the official court records the case is showing as closed. The last entry shows that the Magistrate stayed the proceedings pending outcome of arbitration which was not contested so the Judge upheld the decision.   The county shows no record of a judgment or lien.  The judgement only shows up on the title report. 

 

What would I need to file with the court to have the final decision of 'stayed' to be officially closed? 

[hdporter]

Sorry, but all kinds of crap can show up on a title report.  The first mortgage we applied for surfaced a filing for  delinquent child support payments against me.  (Raised eyebrows from Bev.)

 

The mortgage broker we were working with did blink at UT and e c planned that Philly simply attaches such claims to the first property with a matching name.  We just had to complete an affidavit that the liability was a sn't mine and the lender was satisfied.

 

It would seem likely to me that a statement from the county clerk that there are no outstanding judgements against you might be sufficient to resolve this for your lender.

[legaleagle2012]

Motion to dismiss for lack of subject matter jurisdiction. Look on line, there should be some samples you can copy from.

[SeekerOfWisdom]

On 4/14/2024 at 2:53 PM, jayeggs said:

On the official court records the case is showing as closed. The last entry shows that the Magistrate stayed the proceedings pending outcome of arbitration which was not contested so the Judge upheld the decision.   The county shows no record of a judgment or lien.  The judgement only shows up on the title report. 

 

What would I need to file with the court to have the final decision of 'stayed' to be officially closed? 

When you say the “judgment is showing on the property report” you probably need to investigate further.  

It sounds like whoever created this report has done so in error.  If the “property report” qualifies as a consumer credit report under the FCRA, you may have a lawsuit (present or after some disputing).

 

If the judgment on your report doesn't exist, someone crewed up and someone needs to pay.

 

 

 

[jayeggs]

5 hours ago, SeekerOfWisdom said:

When you say the “judgment is showing on the property report” you probably need to investigate further.  

It sounds like whoever created this report has done so in error.  If the “property report” qualifies as a consumer credit report under the FCRA, you may have a lawsuit (present or after some disputing).

 

If the judgment on your report doesn't exist, someone crewed up and someone needs to pay.

 

 

 

 

The judgement is showing on the report the title company ran.   

 

The judgement nor the original debt is showing on any other reports or court records.  

[SeekerOfWisdom]

On 4/16/2024 at 4:44 PM, jayeggs said:

 

The judgement is showing on the report the title company ran.   

 

The judgement nor the original debt is showing on any other reports or court records.  

That's really odd.

 

If the judgment was real, there'd be a court record of it.

[Flyingifr]

10 hours ago, SeekerOfWisdom said:

That's really odd.

 

If the judgment was real, there'd be a court record of it.

That is why I suggested the OP go to the Court House and GET a copy of the file.

[jayeggs]

14 hours ago, Flyingifr said:

That is why I suggested the OP go to the Court House and GET a copy of the file.

I have been to the courthouse multiple times.  There is no record of it.  Resurgent responded to my CFFB complaint today and confirmed that they aren't showing anything either.   Yet, it's still showing on two separate title reports. 

[ShawnPY1972]

On 4/8/2024 at 4:26 PM, jayeggs said:

In 2018 a lawsuit was filed in small claims court for a Walmart credit card account with JH PORTFOLIO DEBT EQUITIES, LLC.  Instead of going to court I elected to take the matter to arbitration with JAMS as allowed in the credit card agreement. The Magistrate stayed the case pending the outcome of arbitration. There were no objections so the Magistrate adopted the decision as the final order and the matter shows as closed. 

 

I filed for arbitration with JAMS in May 2018. JH Portfolio never responded to the demand for arbitration and JAMS closed the case in August 2018.

 

I have not heard anything about this since the JAMS case was closed until this week. I applied for a loan on my house. The property report came back showing a judgment owed to JH Portfolio. There was never a judgment in the case and should not be one showing as owed! 

 

I confirmed with the County Clerk of Courts that there is no active judgment for that case and the case is indeed closed.

 

I could not find any information on the company JH Portfolio Debt Equities, LLC. Google led me to an address which came back to a phone number 866-910-3711. That number was for a company named Allgate Financial. I spoke to someone there who acknowledged they did work with JH Portfolio in the past. He did not have any information on the account except that it was transferred to Resurgent Capital Services. I called Resurgent and the lady was able to locate the account. The account is showing in their system as a closed account as of 07/11/2023. They do have a department that works with judgements/liens but they wouldn't talk directly to me so the lady had to 'escalate' the issue to that department and said I should call back every few days to check on the status. 

 

I am at a complete loss here! There should be no judgement or lien in place for this and I cannot find answers to get it removed.  At this point I will not be able to secure the refinancing because of this. 

 

What should I be doing next??  Any help at all would be greatly appreciated! 

 

If there's no record then they have to remove it.  CFPB should be able to help get the item removed.  Also, contact the Better Business Bureau.

Edited April 24, 2024 by ShawnPY1972

[Flyingifr]

8 hours ago, jayeggs said:

I have been to the courthouse multiple times.  There is no record of it.  Resurgent responded to my CFFB complaint today and confirmed that they aren't showing anything either.   Yet, it's still showing on two separate title reports. 

There may not be a record of the Judgment, but that is not what you want from the Court House records - you want to see when and how the Court disposed of their claim. If you can show from Court records that no Judgment was ever awarded then you have a claim against whomever entered that Judgment into your credit files, and if you lose the house because of this, you have substantial damages and should get an attorney.

[Flyingifr]

There may not be a record of the Judgment, but that is not what you want from the Court House records - you want to see when and how the Court disposed of their claim. If you can show from Court records that no Judgment was ever awarded then you have a claim against whomever entered that Judgment into your credit files, and if you lose the house because of this, you have substantial damages and should get an attorney.

[SeekerOfWisdom]

On 4/23/2024 at 10:58 PM, jayeggs said:

I have been to the courthouse multiple times.  There is no record of it.  Resurgent responded to my CFFB complaint today and confirmed that they aren't showing anything either.   Yet, it's still showing on two separate title reports. 

Get the title company to tell you what the case number is.  If they can’t, they'll have to remove it.   

 

It's possible they’re reporting someone else’s judgment on your title report.  If any judgment exists, a case number can help you resolve it.

 

I agree with Flyingifr that you probably should talk to a lawyer.