Suing Unifund CCR Partners
Unifund, a junk debt buyer out of Cincinnati, Ohio purchases old debts, many out of statues, meaning they are time barred by your state laws, then place them on your credit files. They attempt to collect on some of the debts, will file lawsuits through a loose system of attorneys who are not real bright and get paid $75.00 for showing up in court. They usually have no clue about what they are doing and in the majority of cases will ask for a continuance if you show up. Always respond to their lawsuits, demand documents that have your signatures on them, Unifund will not be able to produce them, all they have are hearsay documents produce by their flunky employees who read information off a computer screen. Unifund does not have copies of the cardholders agreement and no way of establishing what agreements the original sent to you.
If you find an account placed upon your credit files by Unifund CCR Partners here is what to do:
1) Send them a certified letter with a return receipt and regular U.S. Mail to their headquarters:
Henry Thoman, General Counsel
10625 Techwoods Circle
Cincinnati, OH 45242-2846
mailto: Henry. [email protected]
2) In the letter reference their account number, your name and make demand for all documents that validate their claim. State that the documents must include proof of ownership, a valid agreement containing your signature and a detailed explanation of how they arrived at the figure they claim is owed.
3) Warn them that failure to comply within thirty days will result in legal actions against them from your state.
4) While this is going on dispute their account with the credit bureaus as not my account wait for them to send you a response stating that; (a) Unifund verified it as accurate and it remains, or (b) the account was deleted.
5) If the account is verified as accurate and they fail to respond properly its time to go after them with legal actions. Here is what to do;
6) Most states allow you to serve an out of State Corporation by simply paying a fee with and sending the suit to your Secretary of State (SOS). Fees range from $50.00 -$75.00. Most can be filed in your local justice courts, small claims court, etc. Check on line.
7) You would be wise to include the figure placed on your credit files along with any court fees and service (SOS), along with an additional $500 for the time you had to put into putting it together.
8) The defendant in your lawsuit should be named as follows:
David G. Rosenberg, President
Unifund CCR Partners
10625 Techwoods Circle
Cincinnati, Ohio 45242
They will have to file a response in your local court or appear, if they fail to show up they will receive a default judgment in your favor. After thirty days has gone by, you have a judgment against them that can be re-filed in Hamilton County, Ohio against their business and exempt property.
You my also be able to garnish their corporate bank accounts.
Liens may be placed against other property in their names that include:
Owner Information
http://www.hamilton-co.org/hc/topical.Asp? TPC=Obtaining Records and Info
Be sure to file an abstract of lien in Hamilton County, OH, where they reside. That will automatically go against their property when they try to sell it or possibly give you information where the money is.
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