My problem is the same as many reports I have read on this site and now I'm trying to figure out what to do about it. Admittedly, in college I signed up for the fully-online credit card known as Nextcard and did not fully pay off this debt. This was in 2001 and Nextcard has been out of business since 2002. My account has been closed, according to my most recent credit report, since Feb. 2003.
However, Erin Capital Management has apparently bought the debtor accounts from this company and is avidly pursuing any unpaid debts. I initially received a hand-delivered notice alleging that I owed ECM a debt for an account in April. They claimed to have tried contacting me prior to this notice and requested my appearance in court, somewhere in Broward County Fl. I live in Osceola County, a good 4 hour drive away (I have no car). I don't know that I ever received any prior notice from them but as they had delivered this notice to my parent's house and I have lived with my parents off and on throughout the last few years, I don't really know if they sent previous letters or not.
I requested a copy of my credit report from all 3 bureaus and saw that Nextcard was the only debt that could possibly have been disputed. However, Nextcard was reported twice on my credit reports with both accounts marked as closed or written off and neither of them had an account number or amount that matched the notice I had been served. I assumed there had been a mistake somewhere.
I wrote a letter to the Attorney that was handling this account (they went through a law office located in Broward County) requesting validation and explicitly stating that I disputed the claim. My letter was postmarked well within the 30 day time limit. I also noted in the letter that I did not reside in Broward County and had not for well over 2 years. I heard nothing back and eventually forgot about it.
Now, in July of I have just received a letter stating that I have had a judgement entered against me and may have my wages garnished, etc. I never received validation or any formal court order stating that I was summoned to appear in court. The most recent letter that I have gotten states that I may avoid the judgment which has been entered against me by making a payment to the Law Office. This time, they fail to note what the debt amount is and my account number-leaving me with no information I can verify for myself.
I'm not entirely sure what to do beyond filing an appeal. Thus far though, I have not seen any judgement rendered against me on my credit report and there is no unpaid debt that I owe to anyone (outside of gov. Aid and student loans) except for the Nextcard account (which they have never told me is the account they are filing for - I merely assumed that it could be). I have no home, job, car, or assets as I returned to school in 2006 and will remain a student until 2009. There isn't anything they can get from me as of now, but at the same time, I feel my rights have been violated and now I'm wondering what they can do to me in the future!
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