Plaintiff asking for more than judgment.

yes, thats what a fifa is. They are trying to get the court to move forward on their behalf and they want the fifa granted so they can start collecting on the judgment. At this point, there can be nothing done with that until the court first rules on your motion--think about it....if there is no judgment against you then a fifa is useless. The court first needs to come to a conclusion about the complaint, and then the fifa will be handled.

As for the amount the plaintiff is trying to get, what exactly did the judgment sat? Did the court order you to pay any specific amount plus other fees, or was there just one total that was broken down and included everything? If their amount does not match up exactly with precisely what the judgment granted, then you need to forward a copy of that to the court as well. Keep in mind that the court may have included court costs, or other fees, into the judgment amount, so review this carefully before sending a copy of that letter to the judge!

As for contacting the creditor themselves, I would wait for that, and do all my talking to the court. This matter is still in front of the court, so thats where I would say everything that I need to say. Any statements you make to the court would be part of record and if they are paying any attention they will know what motions you file and what evidence you present. If they dont pay attention, too bad for them. Also, trying to reason with the CA about the evidence you found will usually prove to be fruitless. Many CA's dont care if the amount is accurate or not, as long as they get money. Shoot, a lot of them dont even care if they have the right PERSON--they just want the money! I would present all the evidence in the court and hopefully the judge will realize that the burden of proof has not been met. A plaintiff has the burden of proof to show three things--

1--that you are the person that owes the debt
2--that they have the right to collect it
3--that the amount they claim you owe is accurate and legal

If they cannot prove how they get to the amount in question, then I dont see how a court could grant them the amount they're claiming you owe.

Technically there -is- a judgment on the docket. But I have yet to get a notice in the mail and there are no party end dates set yet either.
I'm assuming the notice of judgment gets filed with the clerk, and that hasn't hit the docket yet either. On the other hand, there is nothing on the docket stating that the judge is going to hold thing up until her and her staff can decide whether or not to consider my evidence. Her assistant told me they might not get to it until next week.
The only thing the judgment on the docket says is, ??
(yes the Total is conspicuously absent...does that mean anything?)
So the total should be $1758.88...they are asking for 1832.87 now which is stated in the RE: section of the letter they sent...there is nothing that states why its more.
Their letter states this:
"Unless you contact our office within five days, our client will have no option but to consider its legal remedies against you to collect this judgment."
I'll send them a letter stating I'm waiting to hear back from the court regarding potential evidence and that's it. I'll also include that my reply is in no way construed to be an intent not to pay the judgment.
I will send their letter with their amount highlighted to show the judge they are asking for more than she entitled them to.
Could all this be a sense of desperation? They know I have my purchase history...and they know I've sent it to the courts.

I am pretty sure that interest can and does accrue on judgements. State law sets the rates.

I also found THIS (more fuel to vacate with):
Taken from http://www.georgiacourts.org/courts/fulton/courtrules.html

So my original argument about them only stating "principal amount" in their original complaint actually holds water! They did not state anything about interest at all. This means what they claimed as principal must be taken as the original amount owed without any regards interest..compound or otherwise!
Since the principal amount taken directly from the records of the store they claim they are collecting for contradicts them, the court HAS to take that into consideration. In fact, I believe that if this moves into discovery and we find out it was including interest, this discredits the collection agency. They would have to throw out the original complaint, yes?
Quote:

Just wondering here...if the court docs asking for interest are referring to prejudgment interest and not interest as a result of a default rate (statutory amount for judgments is surely lower than what your credit agreement would provide)???

Just pay up