Settlement with collection agency
Date: Fri, 05/25/2012 - 10:30
Quote:I am being sued by a lawyer for MRC Receivables, who have
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I am being sued by a lawyer for MRC Receivables, who have a previous default judgment in their favor to collect from 2007, which they have used to verify the debt |
This does not make sense....you cannot be sued when a judgment already exists. It is like double jeopardy. The assinged attorney can enforce the judgment.
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Aside from the default judgment, I suspect that they do not have to right to collect. |
Why would they not have the right? Judgments are bought and sold all the time.
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We wish to settle the matter but are not sure how to protect ourselves in the process. Is it worth requesting to settle at a less amount and requiring them to remove the judgment from my credit report, or am I just entertaining myself? |
You can request a settlement but the tradeline will not removed. Keep in mine they can use the remedies of wage garnishment and bank levy so there is absolutely no incentive for them to pay for delete.
Due to moving and not getting mail forwarded, I missed the notic
Due to moving and not getting mail forwarded, I missed the notice for the court hearing, hence the default judgment. MRC Receivables changed lawyers (Howard Schiff) and they are proceeding with collection. I've heard that both MRC and Schiff employ illegal tactics, and so far much of my correspondence with Schiff has been confusing. The amount is $2,000. When Schiff contacted me last October, I sent a certified letter requesting verification of the debt, which they ignored. They contacted me earlier this year and I again requested verification, to which they sent a copy of the judgement. As I stated, I suspect that they bought the debt and are using the judgment for leverage to get me to pay. We are considering paying just to get the matter settled and get my credit record cleared.
Quote:Due to moving and not getting mail forwarded, I missed the
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Due to moving and not getting mail forwarded, I missed the notice for the court hearing, hence the default judgment. |
As a general rule, court hearing notices are generally not mailed. You need to look up the case online or call the court. Did you receive a summons???
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MRC Receivables changed lawyers (Howard Schiff) and they are proceeding with collection. I've heard that both MRC and Schiff employ illegal tactics, and so far much of my correspondence with Schiff has been confusing. The amount is $2,000. When Schiff contacted me last October, I sent a certified letter requesting verification of the debt, which they ignored. They contacted me earlier this year and I again requested verification, to which they sent a copy of the judgement. As I stated, I suspect that they bought the debt and are using the judgment for leverage to get me to pay. We are considering paying just to get the matter settled and get my credit record cleared. |
MRC is the holder of the judgment. They assign the debt to different attornies to collect....it is called third party contingency collections.
Judgments ARE leverage to pay...with a judgment they can lein any property, garnish wages and wipe out bank accounts.