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 Posted: Sat Apr 07, 2007 12:48 pm Subject: A law firm put a judgement against me |
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A law firm put a judgement against me fo a credit card debt. i made arrangements to pay monthly between the attorney and I. They didn' make me go to court because of the arrangement. I got sick and stopped payments to them. I found out later that the sol was up. Now, I received a letter fro the attorney that if I do not fill out the fact information sheet(income, property,etc) they will file a Motion to Compel and/or Motion for sanctions. to the court.They said I could be jailed if I don not fill out this info sheet, stay in jail until I do. an They really have the court put me in jail? They are saying that the original judgement had this fact information sheet with it, but I never saw it. They are saying that it was court orderd for me to fill it out and return to them. What should I do? I am freaking out.
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jmc1958
Joined: 07 Apr 2007
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| Posted: Sat Apr 07, 2007 12:51 pm Subject: |
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What is the name of the firm and what state are you in? Laws vary from state to state. And some collectors have been known to lie.
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WHEREAMI
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| Posted: Sat Apr 07, 2007 1:02 pm Subject: |
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I live in Florida. The law firm is Hayt,Hayt and Landau in Miami
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jmc1958
Joined: 07 Apr 2007
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| Posted: Sat Apr 07, 2007 1:45 pm Subject: |
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When did the SOL expire?
When was the case filed?
When did you make payments?
If the collectors are requesting info, I do not believe you can be jailed for not providing it. If a judge orders you to provide info and you fail to do so, I believe you can be held in contempt of court.
Go down to the courthouse. You should be able to obtain copies of all the documents in your case, and see whether or not the fact sheet was included.
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Morningstar
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| Posted: Sun Apr 08, 2007 4:28 pm Subject: |
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Are you sure that they have a judgement against you? Did they tell you all this in writing? Some of these collector attorneys in the past have been known to send consumers "pre-trial interrogatories" etc, asking for information such as you mentioned, because they don't know anything about you. Of course, all this is illegal if no complaint has been filed and no judgement is against you.
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LawStudent
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| Posted: Sat Sep 13, 2008 8:31 am Subject: judgement |
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i bought a car and had to return it due to conjestive heart failure and not able to make the payments they sold the car left a balance owed onit of340dollars .a law firm got a judgement against me.I offered to pay $25.00 amo they said that woukd not cover the intrest. what can i do
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reginia60112@aol.com
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| Posted: Sat Sep 13, 2008 8:36 am Subject: judgement |
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need advice on a judgement, returned car, bal owed after sal is$3'400.00 they got judgement please advise me on this matter
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elmer g biller
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| Posted: Sat Sep 13, 2008 8:36 am Subject: judgement |
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need advice on a judgement, returned car, bal owed after sal is$3'400.00 they got judgement please advise me on this matter
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elmer g biller
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| Posted: Sat Sep 13, 2008 10:57 am Subject: |
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Hi jmc--
the first thing I would do is check with your local court clerk's office to make sure that they even filed a case in court against you. It is fairly common practice for collectors to use this tactic to scare people into paying immediately, before they have a chance to learn their rights. It is illegal to do so, but it still happens.
You said that the debt was past the SOL--but it isnt, because no matter how old it is, in most states if you make a payment on it, the clock restarts. So it is no longer outside the SOL unless the last payment you made was long enough back.
Also, they cannot put you in jail for most things regarding debts, but you can be found in contempt of court for some things if a case is ongoing in court. Again, check with the court clerk's office there--they cannot provide legal advice but they can often help you sort out what should be done as far as the proper procedures and so on. i would check with the court that the debt collector claims to have filed suit against you in before making any moves with the collector, just to be safe. I would most definitely not provide them with one shred of information until you can verify everything they are telling you as true.
One more thing--what do you mean when you say they "put a judgment against you"? Did you get served a summons and all that? Or did they just tell you that they put a judgment against you? If they did not actually sue you, then they cannot have a judgment against you. Some more info there can maybe help us to get you better information to help you out. Please get back to us.
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skydivr7673
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