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Tricia

We are attempting to dispute a debt from 1997 that we have no infornmation about. A law firm received a judgement against my husband in January of 2000. And is trying to collect payment. We were never notified about the court date or given any opportunity to dispute. The law firm now claims the only validation they need to collect is said judgement.
Is there any possibility of disputing this judgement?

Posted: Fri Mar 31, 2006 10:46 am Subject:

First of all Tricia, is this judgement on your credit report? Secondly- What law firm? Thirdly- you can be deemed responsible if you did not show up in court. If you don't have this on your credit report (or your husbands) chances are you may be being scammed.

There are so many here to help you. Let us know

Tricia · Posted: Fri Mar 31, 2006 11:15 am Subject:

Thank you for responding. Neither the judgement nor the origional debt show up on current credit reports. The law office is Nicholas Barret & Associates of RI. The law firm has a credit report from 2000 which shows the debt and they sent all notices to a previous address of my husbands so we never received them and were never given the opportunity to go to court. I don't think that it is a scam by ther law office but they never validated the debt to us and claim that they don't need to seeing as they already have a judgement.

Posted: Fri Mar 31, 2006 11:36 am Subject:

Checking on their appearance on the net.
Will let you know

Posted: Fri Mar 31, 2006 11:51 am Subject:

They are not listed with the BBB
They are located on find law at:

Tricia · Posted: Fri Mar 31, 2006 12:51 pm Subject:

We did send them a validation letter last week which I found here on this site. They just sent back a letter requesting payment arrangements for a lump sum of $4000.00 and attached a photocopy of what they call "competent evidence".
The attached was the following
" EXECUTION
Whereas, the above named plaintiff, did, at the sixth division did on the 21st day of January 2000 recover judgment of said court against the above name defendant for the sum of $3667.29 dollars damages and costs taxed at the sum of $85.00 which sums in the whole amount to $3752.29 dollars for which execution remains to be done: We command you therefore that of the goods and chattels and real estate of the said defendant, alias, within your precinct, you cause to be levied and paid unto the plaintiff the sum of $3752.29 dollars and therefore also satisfy your own fees."

Posted: Fri Mar 31, 2006 12:57 pm Subject: Execution

I have the same thing against me. The court levied my bank account and has caused many headaches. I am entering into a payment arrangement with the court officer to remedy the situation. Then I have to deal with the bank, cause my account is overdrawn. Just trying to put out the small fires!!!!!!!!!!!!!!!!!!! Crying or Very sad

Remember, a judgement that was entered in 1997 may not be on your credit report after 7 years. They may be using scare tatics to try and have you pay.

Posted: Fri Mar 31, 2006 1:21 pm Subject:

Judgments do have statute of limitations. It varies from state to state. You can consult a lawyer to know more. However, judgment creditor can renew judgment and extend the period of enforceability.

If the judgment is not in your credit report, don't you think the SOL is over?

Guest · Posted: Fri Mar 31, 2006 3:51 pm Subject:

Do you accually owe this money at all? Collection agencies pull your credit file to obtain your personal info and make fraud claims - then threaten you to pay random ammounts. I would file a complaint.

Tricia · Posted: Fri Mar 31, 2006 8:01 pm Subject:

After checking around the internet, Rhode Island unfortunately has some of the longest SOLs Sad

. The SOL for a judgment is 20 years with maximum 12% interest added on per annum. I have no idea why they waited to enforce a judgment from January 2000 until July 2005. By the way they did so while I was in the hospital giving birth to our baby girl. My husband went out to get coffee and found that our checking account had been drained. After contacting the law firm, the money was returned to our account but we were told that they would still be persuing the judgment and the next step would be to garnish my husband's wages. The lawyer said they do not have to validate the debt because they have a default judgment but they only have a judgment because they sent papers to the wrong address and did not give us opportunity to dispute. I know for a fact that there is no possible way for them to validate this debt because I have tried myself and even the lawyer admits that the paper trail no longer exists. It all seems so unfair. If we consult a lawyer, then we are out even more money in trying to fight it. Is there anything we can do?

mwtx · Posted: Fri Mar 31, 2006 8:11 pm Subject:

You should certainly try to consult an attorney. If they already have a default judgment, this means that the court had validated the debt. They wouldn't have to answer a request for validation of the debt. Your best hope would be to file a motion to request the judgment be vacated, because you were not properly served the summons. Also, depending on where you live, the court might not have had jurisdiction over you.

Guest · Posted: Fri Mar 31, 2006 9:58 pm Subject:

Contact an attorney that deals only with this kind of stuff, debt attorney or whatever they are called. Like Ed Combs. I have seen his website edcombs.com, and Bud Hibbs, budhibbs.com. Those guys look tough.

mwtx · Posted: Fri Mar 31, 2006 10:41 pm Subject:

Yes Guest,
Those are excellent links. On the Bud Hibbs site you can also get the lowdown on whatever debt collector might be dunning you.

Posted: Sat Apr 01, 2006 12:40 am Subject:

I have a judgement on my report thats going to be on it for the next ten years. long story but I got shafted! big time. in any event, this was in november and I'm about to pay the debt off now but its going to be on it for the next ten years. someone told me that i should write the creditor and asked that it be taken off because of the circumstances of it.

so in any event, if you have a judgment, it definitely should be showing on your report unless its some kind of fraud. As I said, mine is there and they didn't waste any time putting it on there either.