Judgement sold to new CA

Wow, i'd find an attorney if I were you. This is really crazy. I'm glad you admitted that you should have talked to them back then, but no one should have to go through this kind of mess.
I wish I could help you, I'm just as confused as you are! I'm sure someone here will have the answer you're looking for. Keep us posted.

Wow, that sounds like a bunch of confusion and i'm praying that someone will help you who has had a similar experience. Not sure about the garnishment issue, but I think that collection agencies can win judgements and try to collect. I read that judgements are pretty hard to enforce and a this particular collection agency i read about said that it will use any tactics necessary to gain their money INCLUDING going after a spouse's income. I think you have to have a court order to garnish so it looks like somewhere along the lines there was an order, but I don't understand the inconsistency in taking your husband's garnishment. taking one and then all of a sudden out of the blue and after another CA takes over, take out the original garnishment wage. You may be able to find an attorney who will give you free advice, they'll charge only if you utilize their services after their initial consultation. please let us know how this works out for you. so sorry that you're going through this mess, but people are sure here for you

I would assume that if the garnishment would be limited to the entity that was awarded the judgment. If a new CA had purchased the debt they would need to be awarded a judgment in order to request the court order required for a garnishment of their own to be enforced.

I would think so too, JCEMT. Judgements have to be awarded in court, not just passed from one CA to the next, if I'm not mistaken. Would a DV letter be a waste of time, in this instance, since a judgement for another CA has been awarded? It may sound like a dumb question, but I don't know a whole lot about this and am trying to learn more.

Judgments are assets and can be sold like any debt.The proper party holding the judgment is required to file a assignment with the court informing them of change in ownership. This assignment can be attacked if it is not 100% correct. :D

This is fascinating. You really need to talk to an attorney about this. As far as the garnishment goes, no it can't go from one company to the next..I find it fascinating that you got the original deduction back. You need to talk to HR right away and ask for a copy of the paperwork that corresponds with this. They have to give you a copy.

BTW, I am not contradicting Cajun's post..A judgement and a garnishment are NOT the same thing.

We know Fins! Seeing as you are a HR person I am not gonna touch garnishment posts. :lol:

I knew you knew, Cajun, but a lot of people don't! I don't think I did before I got my stupid job! :D

While it is possible to sell/transfer a judgment, a $9200 judgment can't just turn into $13K "because the new CA feels like charging you extra." AND judgments can only earn interest at the statutory rate, usually 9-12%. Assuming the judgment was awarded 1/07, interest at 12% is $92/mo, 9 months have elapsed, that is about $828 in interest at most. Not $3800.

Because it is such a large balance, you may really want to consider getting help from an attorney. Like Cajun said, the judgment has to be properly transferred in court in order for them to enforce it. If their I's aren't dotted and T's not crossed, you might have a way to get out of it.

PS if your county court has case info online, you can go lookup your case to see what has been going on with it. Or you can always physically go to the courthouse and request to see the file.

I learn something new here everyday! :-)

DebtCruncher is right. Which brings me to Cavalry. No they are not attorneys. The company is a debt buyer/collector. I've been told that they frequently disregard the law.

BTW, I am not contradicting Cajun's post..A judgement and a garnishment are NOT the same thing. (finsfan)

Isn't that the truth!!!

Debtcruncher is right, if they got a judgment for a certain dollar amount then it is a judgment for that amount, they can't alter it without having it reprocessed via court.

And dare I add, if they were to alter it without obtaining another judgment through the courts that would be contempt.

Might be a stretch, but I wonder--could it also be an fdcpa violation?

Hey Morningstar! How have you been? :)
fdcpa violation, that would be stretching it a bit, the only way that I could see pushing for that is maybe misrepresentation of debt. But it would be a far push.

How about fraud for attempting to alter a court document and extortion using the court system?

That is something I am thinking about and it would probably best answered by an attorney or court official so if there are any attorneys on this board (ahem hockyman) they might be able to best answer that question. A judgment does state that it is a court ruling that x (debtor) owes y (creditor) z (ammount of money) and that x is required to pay y z. So how Q (another creditor) can collect on it is really not in my understanding.

I would hazard a guess that it's intimately related to debts being negotiable instruments.

I think maybe I've confused you guys, they didn't sell the judgement (I know the new CA can't demand the higher amount through the old judgement) I just can't understand why they sold the debt when they had a guaruntee of payment (the Judgement). Hubby has been at the same job for 15 years, so he's not hard to track down, and he brings home a paycheck every 2 weeks. Why would they sell (for pennies on the $ I'm sure) when they had a guaruntee of their monies? I did dispute this claim with all 3 credit bureau's and Trans Union returned (in 4 days) as validated. I'm still waiting on the other 2, but I'm sure they'll say the same. Wouldn't these newe people leave a message if they'd called? I've still yet to recieve a message or letter from them, and they claim to have aquired this debt in May???

Oh yeah.... some other info I forgot to include, I tried to post before but it didn't work so I gave up. Hubby got the paperwork from work stating why the judgement was dropped and the payment returned. My understanding of it is: They took the first (and only) payment on June 1, and the letter to cancel is dated June 7, with the check that was sent to them returned. As I stated in the last post, this "new" CA claims to have had since May (per his CR) Why it took 3 1/2 months to return the money to my husband is another story. Anyway, that's where we're at now, any other idea's I'm all ears. Thanks for all the "knowledge" you've given me, and for not "ripping me a new one" about this debt.

it would be best to ask the collection agency who sold it why they did, they do strange things these days... to farm animals!

abductions, if you don't pay what they say you owe them, they'll mutilate your cattle and molest your poultry.

:shock: :shock: :shock:

:lol: :lol: :lol:

Really kind of interesting... it could be something like the new CA does not buy legal accounts, and so the old CA wanted to pretend like its not legal just so they can sell it??

The problem as I see, is that once a debt has been reduced to judgment, that's it. It is all a matter of public record. I think that if the new CA tries to do anything, you have a valid defense in that the debt has already been tried and heard before a judge. They can't just say "well, we didn't mean to sue you, let's pretend it never happened."

This is a very interesting story to me! Has the original judgement been removed? Has it been canceled thru the courthouse? Ang

I would say no, it hasn't been removed. It's still on his CR at least, along with the new CA, and the original credit card account that was sold, seems like a "triple whammy" to me, but what to do??

This is very interesting to me and i'm curious to see what answers u recieve on this one!! I wonder if u could have the judgement vacated?? This one has me scratching my head,
:?:
Ang

What do you suggest my next step be??? Should I send a DV to this new collection agency, assuming the address on hubby's CR is correct? Should I wait to hear from them, allowing the posting to stay on his CR? I received a letter from Experian yesterday saying they "updated" his CR, but the only thing I see that has changed is the last reported date. I can't find a lawyer in my area in the phone book, or the website I've seen posted here. I don't want to mess something up that allows them to claim this debt is valid if they can't otherwise prove it is. Thanks for all your help guys.