UNIFUND LLC JOHN KENOSIAN BAR#80261 LEVIED MY ACCOUNT FOR OLD CREDIT CARD DEBT 2009, NEVER SERVED SUMMONS LOS ANGELES California
Unifund levied my checking account for an old credit card debt last payment made 2009, i was never served a summons. When I called Unifund to find out why the rude lady said I was served in Santa Rosa in 2015 at my ex husbands old address. Ive never been to Santa Rosa in my life. Unifund has a case suing me in Santa Rosa, I live in Sacramento and dont know what to do here. This credit card was part of my divorce and he said he paid the cards as part of the deal. Its never been listed on my credit report either, Im just lost here. Do I have any rights at all? Ive heard that California has a statute of limitations for a credit debt of 4yrs although Unifund can care less about this.
Does anyone have any suggestions on how to go about this? please help.
2 Updates & Rebuttals
Christal
Sacramento,California,
United States
Identical problem
#3Consumer Comment
Fri, August 17, 2018
I learned that this company waited 2 years after their default judgment to serve me with a memorandum... Which was my first learning of this case or judgment. After 2 years, I cannot get my day in court and the default judgment cannot be vacated. From my research, it's also unlikely that I can sue unifund for the many legal violations in my case... Including the fact that the judgment was for a debt that was also past the statute of limitations and that I was never served an initial summons for. They filled a newspaper summons with many phony documents as evidence. I feel like my only recourse is to file Bankruptcy to stop the wage garnishment, etc. However, I would still very much like to hear from people with similar stories and maybe together we could start a class action. I'm not an attorney, just a very angry consumer whose life is turned upside down by this company's cheating, dirty practices. I want to stop this from happening to other people.
Robert
Irvine,California,
USA
You need an attorney
#3Consumer Comment
Tue, August 29, 2017
First of all consult an attorney as you MAY have some rights. However, in general this is what areas you will probably want to be looking at.
Statute of Limitiation - Yes CA has a 4 year SOL, but this is an affirmative defense. Meaning they can still sue you after the SOL runs out. If you don't defend it they can still get a judgement. You would have had to have gone to court to assert the SOL to have it dismissed.
Next the Divorce Decree means NOTHING to the creditor, and they are not obligated to honor it. If the account was in your name and your responsibility to make sure it is paid. Now, if the decree states that he is responsible for this debt and he fails to pay. You can go after your Ex for the payment. So one "out" may be for you to sue him for what they claim you owe now. If he just "said" he made the payments and you have nothing in writing stating he was responsible you may be out of luck on this end.
As for being served. Yes, a company must serve you at a place they would resonably expect you to be and by allowed methods. So if for example your Ex did make a payment to them and used his address, if it is your account they could "reasonably" figure that is where you live as well so it would be valid.
If they don't do the service correctly it could be what is commonly called "sewer service" and you may be able to get the judgment vacated if you were not served properly. This is done by you going to court and presenting to the judge why you think you were not properly served. One part of this may be for you to pull the original documents fromt the clerk of the court in Santa Rosa. If you get the judgement vacated the garnishment would also be stopped and they would need to refile the suit again. At which time you could defend it.
I am not saying that any of this is your situation or would apply to you, these are just areas to consider. This is why you need to consult an attorney.
Good Luck.