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Posted: Tue Feb 12, 2008 8:54 am Subject: Wolpoff & Abramson Judgment

Hi,
I received a default judgment against me last year from Wolpoff & Abramson because I wasn't smart and didn't fight them or go to court. Back in November they sent me a letter requesting information about my finances. On November 27, 2007 I sent them a letter requesting the following items before I would answer the questions.

1) Copy of Judgment
2) Copy of assignment of paperwork
3) Updated affidavit of costs

I have heard nothing from their office until yesterday, I received a letter stating that they could negotiate a lump sum settlement on this account. I was going to write them another letter requesting these items again. My biggest question is since they do have the judgment against me do they have to respond? What should be my next steps? I know I will eventually have to negotiate this but what rights do I have.

Thanks to everyone on this site I have become a much more informed consumer and I will never let this happen to me again.

Posted: Tue Feb 12, 2008 9:07 am Subject:

You should be provided the information if they expect you to pay it. It would be nothing for them to copy it and send you the information, especially if they expect you to pay it.

Posted: Wed Feb 13, 2008 1:27 pm Subject:

If they have a judgment against you and you request a copy of said judgment I believe that they are require to produce it.

If they falsely stated that there is a judgment against you then they could get into some major trouble.

Posted: Wed Feb 13, 2008 11:50 pm Subject:

I agree. Judgments give the creditor the power to obtain payment involuntarily, but as I understand it, the attempted collection of a judgment is still subject to the FDCPA (and any applicable state laws).

Posted: Thu Feb 14, 2008 12:24 am Subject:

That's why as per the FDCPA, they must include in dunning letters that they will send you the name of the original creditor, and any judgment against you, etc.