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kramer frank judgment

Date: Fri, 02/06/2009 - 07:15

Submitted by anonymous
on Fri, 02/06/2009 - 07:15

Posts: 202330 Credits: [Donate]

Total Replies: 14


I will try to make this long story short. Any info appreciated. Capital One accnt is enrolled w/ a credit counseling prgm for the last year. Somehow they let it fall to the wayside. When I received a summons to appear in court, counsler advised me to send a good faith letter and we'll go from there. So thinking this was in there hands, I didnt appear for court. This was in Sept.
Fast forward I received a letter from Kramer saying since I failed to make payments on judgment, they have authority to get sheriff involded unless I made a payment. Well, I panicked and made a payment in turn they froze the acct. I called, freeze wont lift until Feb 26 at which time they will discuss settlement. How should I go about settling? Send offers thru mail? Start sending now or after freeze is lifted? Do I have any recourse since I was advised wrong? Kramer wont even talk to my credit counsler(so she says) so I'm doing this on my own. Thanks in advance


Yes they froze the bank account. Today the freeze is supposed to be lifted. When I talked to them a month ago they said to call back and we can talk about a payment plan. Do I fax an offer, agree over the phone, what!? Can they keep charging me interest? The interest alone is barely what I can pay! I have moved out of state, can they freeze my new account in the new state? I've never been in this situation, need fast help!


lrhall41

Submitted by on Thu, 02/26/2009 - 03:10

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I would say by letter. NEVER agree to a payment plan over the phone, always get an agreement in writing. So now that they have that bank info, I would say close it. They could only freeze it because you gave them the info. BUT, since they got a judgment, they can go for wage garnishment.

Hopefully some one with more knowledge about the procedure for filing a request to re-try the case will offer more thorough advice.

Yes, they will continue to charge you interest, likely compounded.

Definitely file against the Credit Counseling service as I said. In fact, I would sue them, you would likely win the damages caused by their gross neglect.

chrys


lrhall41

Submitted by Chrys Henderson on Thu, 02/26/2009 - 03:35

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You can certainly try. It's really hard to settle on a judgment, I'm sure it's possible, but I don't think it happens too often.

And I am sure they would try wage garnishment next.

It's possible that they might try to go after your new bank account, the judgment gives them a lot of power. I'd say try to have it re-tried.

chrys


lrhall41

Submitted by Chrys Henderson on Thu, 02/26/2009 - 03:55

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The freeze has been lifted off accnt and I have faxed 2 letters stating I'm willing to pay and what I can afford to pay on this debt. I have not heard anything. Should I call or send a certified letter? What can they do now besides take what I can give?


lrhall41

Submitted by on Thu, 03/19/2009 - 10:46

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Yes, you should. Once they get a judgement, they will have the power to come chase the money down. At least you won't get broadsided. But always - when you make a payment arrangement - get some kind of verification of the terms in writing from them before you actually remit any finds. Let them know about the CC program that got you in this situation to begin with.


lrhall41

Submitted by Chrys Henderson on Thu, 04/02/2009 - 21:12

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I'm needing some help with Kramer & Frank too please!

Here's my issue:
1) I agreed over phone to do a settlement. Told them I would remit funds in form of money order. The debt collector told me they would give me a letter stating the account was "Paid and Settled". I plan on doing this in person with them. (I'm not letting loose of the payment until the letter is reviewed and in my other hand.) Does this sound ok to do? I have read enough on them to NOT give a check or any personal banking info.

2). Am I still legally liable for the amount they are not going to accept? The account is a Capital one credit card and was "Charged Off" in 2006. Capital One will not talk to me. I did get a letter from Kramer & Frank and the collector I have spoken with on several occassions has been nice to work with.

Thanks for any advice!


lrhall41

Submitted by on Fri, 07/23/2010 - 22:39

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