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Judgement

Date: Mon, 08/17/2009 - 19:29

Submitted by marthage_gomez
on Mon, 08/17/2009 - 19:29

Posts: 4 Credits: [Donate]

Total Replies: 4


Back on Nov of 07 there was a lawsuit against me for a debt that was owed since 04. Long story short...Mann Bracken were the ones trying to collect from me. The judgement was to garnish wages, assets, etc. I got letter after letter until I finally gave them a call. At that time I had become unemployed and as for assets, I never had any. I'm in poverty level..my bank account rarely gets used. Anyway, for that past year I had been dealing with Mann Bracken. A year ago the amnt they were trying to collect was about 3623, I made payments whenever I could. This past 7/24/09 I sent in a payment of $1000.00. With that payment it dropped the finance % to about 4.5% apr according to Mann Bracken. They asked I call back this month to see if I could make another payment. Well turns out the account is now closed, and has been sent back to Portfolio Recovery Assoc. These are the people that sued me. The amnt. still outstanding is roughly $2500. My questions are is this something collection agencies do? Why would they take back the account, and can they sue me again?


They cannot sue you again over the same debt. If they have a judgement against you, they cannot get another judgement for the same debt. A lot of collectiors and lawyers are really the same company operating under different names. They will move accounts around to try to maximize their profits. They also do not want the debtors to know how much they really owe. Usually they will increase the amount when they move it to another "company". You are going to need to contact Portfolio and find out what arrangement that you can make with them. You need to make sure that they are giving you credit for the last payment that you made. I also would not make any more payments to them without a written agreement.
What state do you live in? Every state has different rules about what can ve done to collect a judgement. Some states do not allow wage garnishment, and they are limited on what they can take. Unemployment compensation is off limits. If you have no money in the bank, then they cannot take that. There are no assetts to put a lien on. I am not advocating that you ignore them. But, if you don't have it, you don't have it. You have to put your well being first. It is really not worth getting yourself worried sick over.


lrhall41

Submitted by southernapostolic on Mon, 08/17/2009 - 20:08

( Posts: 302 | Credits: )


I live in California. Thanks for your answer, that makes sense. I really wanted someone to let me know. It seemed impossible for anyone to sue again. But when it comes to debt anything seems possible in my eyes. Collectors will try anything to get that $ owed. I'm glad you mentioned the unemployment, that's what I'm trying to live off of right now. That isn't much. I guess I'll have to wait now. As 8/11/09 portfolio assoc. took back the account. I just hope all payments made to mann bracken will be applied and the balance stays about 2500 where it should be.


lrhall41

Submitted by marthage_gomez on Mon, 08/17/2009 - 20:18

( Posts: 4 | Credits: )


Just make sure that you have verification of the payment, like a cancelled checks, or a bank statement showing the direct debits. If you paid by money order, then you need to keep the receipts, and if they do not credit you, you will need to go the the vendor, and get verification that they were cashed and by who.
Good luck


lrhall41

Submitted by southernapostolic on Mon, 08/17/2009 - 20:30

( Posts: 302 | Credits: )