Judgement, credit reporting, FL SOL
Date: Tue, 07/31/2007 - 09:06
1) My husband received a judgement that he went to small claims court on in Nov 2006 arranging two payments for the settled debt. We paid the first in Jan and the second in April through a refinance on our home. A few days ago I received a letter from the court stating we did not meet the agreement and the day after another leter from the court stating that we owe the full amount of the debt now just like that. I have already sent the attorney - Zakheim & assoc a letter stating the different payments made and am in the process of getting proof from the title company that handled our cash out. How do I handle the court end of this since it is now filed?
2) My husband's credit report listed two addresses he has never lived at -an address in MA and one in WV (we live in FL and my husband has only ever lived in NJ and FL in his lifetime). I disputed both and the WV address was removed but the MA one remains. What can I do about this?
3) My husband has a credit card from 1999 that we have received a letter from Wolpoff and Abramson attorneys recently and tons of phone calls. The last time this account was used was in 2002 but the credit report states that the last date of status was June/07 which was the last reporting date by the collections agency. Has the SOL been met on this account? What if we had the account in a debt settlement that we ended in 2005? Would the SOL then revert to 4 years from the ending date of that agreement?
4) Lastly, we have some delinquent accounts on our credit reports from defsulted student loans but the new student loan accounts that took them over are on time and also on the reports. Will the old ones remain for 7 years from their delinquent date?
Thanks for any help! Sorry it is so long!!!
I will try to help with question 3. You need to send a validatio
I will try to help with question 3. You need to send a validation letter to these bottom feeders. I will give you a template below that you can use to tailor to your needs. This letter must be sent by certified return receipt mail. Wolfson and Abramson are listed as Americas worst on another site. Go to this link and read all about them.
http://www.budhibbs.com/debtcollectorpages/wolpoff_abramson.htm
Once they receive your letter they have to cease all collection attempts by law according to the fdcpa. They are known for buying up old debts that are past the Statute of Limitations for pennies on the dollar.
Here is a copy of a debt validation letter. Make sure if they respond which they probably won't that they provide all of the info you rquire. Do not settle for less.
Quote:
your name and address Their name and address Attn Mr Bottom Feeder Re Acct # XXXXX Dear Mr. Feeder. I received a call (or letter) stating that I owe your company $XXX on the above account Please be advised that this is the first communication that I have had with your company regarding this matter by phone, mail or otherwise. Please be advised that pursuant to the Fair Debt Collections Act, 15 USC 1692G Section 809 that this debt is disputed and validation of this claim is required. To validate this claim I require the following: >What the original debt is for >The amount of the original debt. >How you arrived at the amount you say I owe >The interest charges applied to the original debt. >All payments received regarding this debt with the original creditor including the date and amount of each payment. This requirement was established by the case Fields vs. Wilber Law firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept. 2004 >Any penalties associated with the original debt and the reason or reasons for those charges. >Proof that any interest charged does not exceed that allowed by law in the State of xxx >Provide me with any papers that say I agreed to pay what you say I owe. >Proof that the collection agency owns the debt or has been assigned the debt. >Proof that you are licensed to collect in the State of xxx >Proof that your client is licensed to operate a payday loan business in the State of Florida. (If applicable) >Proof that your company is legally permitted by the original lender to collect that debt. Furthermore at this time I am advising you that I am not to be contacted by your firm or any of its affiliates, subsidiaries or clients by any other means other than the United States Postal Service. Also you are not permitted to contact my employer, friends, acquaintances or family regarding this matter. Also any agreement of ACH withdrawals from my account and any agreement of wage assignment are hereby revoked. If your office can and does provide all the information that I have requested I will require a minimum of thirty days from the receipt of that information to investigate its validity and to retain counsel if necessary. During this thirty day period all forms of collection must cease. |
Now I will try to help with 2 and $. Challenge the address on yo
Now I will try to help with 2 and $. Challenge the address on your credit report along with the whole entry. Also challenge the student loan ones. There is a good channce that they will not get a reply back and they will be removed. Many places do not have the personell to go digging old files out of storerooms to validate these things. It is easier for them to just let it go. They really have nothing to lose by letting it go.
Sorry but I am not qualified to answer question one but hopefull
Sorry but I am not qualified to answer question one but hopefully there is someone coming along soon that can and will.
hi-- the court end is basically the same as what you are tryi
hi--
the court end is basically the same as what you are trying to do--what you need to do is obtain proof of the payments made, and provide copies of the receipts to the court, along with a copy of the original judgment. This way, you will cover all the bases in one shot. If you have proof that the payments were made, then the problem must be on their end, and this should easily be closed. Here's the thing--since this is in the court again, that is where you want to send everything. Of course, it is good to send it to the attorney too, but the court is the first stop, since they have once again gone to the court to seek remedy.
Did this come in the form of a summons, or just a letter? If it came as a summons, then you need to answer it like a summons. In addition, once you answer the statements from them, you should state that your affirmative defense is the fact that you paid the required amount, and this is where you provide the proof of the payments made.
Above all, your only responsibility here is to show that you paid the money, in the required amounts, at the required times, to the designated party. After you have done so, it is their responsibility to find out what happened. As long as you made those payments to the party you were required to, there should be no problem.
We first received a letter in the regular mail from the court wi
We first received a letter in the regular mail from the court with a notice of filing regarding violation of the agreement dated Jul 18th by the court. Now we just received a Final judgement from the court in the regular mail ordered that we owe the full amount on the account dated July 19th. This is all from Palisades LLC and the attorneys they are using here Zakheim & Assoc.. I am quite pissed off that they could do this in two days time with no notice to us especially since we did pay these idiots.
I have the first payment's western union receipt and the second payment was paid out through my cash out refinance. I have already contacted the agent to find out how to get exact proof other than my mortgage paperwork that the payment was sent to them. Once I have that I will send both into the court. Do I send it to any particular department there or just mail it in to the clerk?
judgement for credit card debt
I had a company that bought out a credit card debt, and sued me. The latest payment was the end of 03/2003. Does the judgement begin when the last payment was made, or begin when the judgement was granted?