Friday, December 14, 2007

UNIFUND Credit card debt dispute - a motion to vacate a judgment, Posted by Robert Paisola

Hello. My name is Jaik Kim. I have a judgment that was placed against me about 10 years ago in Washington County circuit court in Hillsboro, OR.
At that time, I did not know what the debt was and I did not know what to do.

I do faintly remember signing a certified letter of court summon but was afraid to show up.

Unifund record shows that the original debt is dated 04/17/1995 and the last payment was made 02/28/1997. The original debt is $2170 but with the interest, they are asking now $5,000. Last winter, I made a numerous attempt to contact the representing lawyer for Unifund in Oregon but he NEVER responses. I even went to his house, which is a home office, and caught him as he was walking out. He promised to contact Unifund for me to come up with a settlement amount but never heard back from UNIFUND.

Now, I have grown stronger and ready to fight them.

THis is what I have done

1) I wrote a letter to credit report bereau agencies to demand the validation of debt or remove the record from my credit report back in Jan 2007. They have promptly removed the record as of Feb. 2007

2) I wrote a certified letter to Unifund general counsel demanding a proof that the debt belongs to me; they never responded.

3) I filed for a motion to vacate the judgment in Washington county court and the hearing is set for Jan. 7th, Monday, 2008.

4) I have copies of all letters and papers, including the credit report showing the record has been removed.

5) My question: is there anything else that I need to do better prepare. I was not able to find contact info for the original credit card company to contact that the debt was never mine or that I have paid it off. I am not sure but I believe I did pay it off. Unifund somehow got a "distressed" debt and pursued after my ignorance.

6) I found a lot of info online about dishonest business practices of Unifund CCR Co. But I just want a lawyer's advice before going to the hearing.

Thank you for your time and help,


Jaik Kim

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