Rubin & R Judgement
Date: Thu, 04/09/2009 - 13:41
I reside in NY State, spent the last several months negotiating and old CC debt with R & R. I did not stay on top of deadlines for answering summons ---Shortly after they received a default Judgment we came to an agreed amount via phone, immediately got a bank check for the amount, they faxed me a settlement letter confirming the amount and payable by bank check, money order or wire with a drop dead date for receipt. I got the bank check to them 24 hours before the deadline with a notation in the memo line indicating that "this is in full payment of accn't # and file #. 2 days after receipt, they called to say that they will NOT accept check because of my writing "funny" things on the check and demanded a wire transfer within 2 hours. I told them to forget it and that I had met the total conditions of the settlement. Within several days they again demanded a wire transfer - again I said NO. They indicated that they will now, with PLEASURE make me pay more plus fees via income garnishment.
Do I have a leg to stand on with a MOTION to VACATE the judgment on the basis of the written settlement agreement and meeting the terms for payment, plus requesting the court to award me the fees for judicial intervention plus motion filing???? :?:
Do I have a leg to stand on with a MOTION to VACATE the judgment on the basis of the written settlement agreement and meeting the terms for payment, plus requesting the court to award me the fees for judicial intervention plus motion filing???? :?:
I would say that you have very good grounds to vacate. By them s
I would say that you have very good grounds to vacate. By them saying that then they have proven that they neverwanted to enter into a payment plan in the first place. I would get on it ASAP and not let them start garnishing your wages.
I hope you have a copy of that check...it will certainly look ba
I hope you have a copy of that check...it will certainly look bad for them in court when you present it to the judge, and say that they refused it because of what you wrote on the memo line....
Also, some states have laws where the debt becomes null and void if you present a payment and they refuse it. Look CAREFULLY into that--if your state has one, you could invoke that law and possibly get the whole debt erased for nothing!
