need to know how to dispute after judgement
Date: Fri, 03/31/2006 - 07:15
Is there any possibility of disputing this judgement?
First of all Tricia, is this judgement on your credit report? S
First of all Tricia, is this judgement on your credit report? Secondly- What law firm? Thirdly- you can be deemed responsible if you did not show up in court. If you don't have this on your credit report (or your husbands) chances are you may be being scammed.
There are so many here to help you. Let us know
Thank you for responding. Neither the judgement nor the origiona
Thank you for responding. Neither the judgement nor the origional debt show up on current credit reports. The law office is Nicholas Barret & Associates of RI. The law firm has a credit report from 2000 which shows the debt and they sent all notices to a previous address of my husbands so we never received them and were never given the opportunity to go to court. I don't think that it is a scam by ther law office but they never validated the debt to us and claim that they don't need to seeing as they already have a judgement.
Checking on their appearance on the net. Will let you know
Checking on their appearance on the net.
Will let you know
They are not listed with the BBB They are located on find law a
They are not listed with the BBB
They are located on find law at:
Quote:
FindLaw > Lawyer Directory > Lawyer Profile Save Email Print Update Get Listed Nicholas Barrett Address: P.O. Box 14309 East Providence, RI 02916 Phone: (401) 438-9000 Fax: (401) 438-9040 E-mail: -------------------------------------------------------------------------------- Attorneys Attorneys: Barrett, Nicholas, Sole Practitioner West Practice Categories: Collections |
Since they are in collections you need to first find out the Statutes of Limitations before making any arrangements on this.
Send them a validation letter (Certified Return Receipt Requested) You will find several copies of this letter here in the forum
We did send them a validation letter last week which I found her
We did send them a validation letter last week which I found here on this site. They just sent back a letter requesting payment arrangements for a lump sum of $4000.00 and attached a photocopy of what they call "competent evidence".
The attached was the following
" EXECUTION
Whereas, the above named plaintiff, did, at the sixth division did on the 21st day of January 2000 recover judgment of said court against the above name defendant for the sum of $3667.29 dollars damages and costs taxed at the sum of $85.00 which sums in the whole amount to $3752.29 dollars for which execution remains to be done: We command you therefore that of the goods and chattels and real estate of the said defendant, alias, within your precinct, you cause to be levied and paid unto the plaintiff the sum of $3752.29 dollars and therefore also satisfy your own fees."
Execution
I have the same thing against me. The court levied my bank account and has caused many headaches. I am entering into a payment arrangement with the court officer to remedy the situation. Then I have to deal with the bank, cause my account is overdrawn. Just trying to put out the small fires!!!!!!!!!!!!!!!!!!! :cry:
judgements only on credit record for 7 years!
Remember, a judgement that was entered in 1997 may not be on your credit report after 7 years. They may be using scare tatics to try and have you pay.
Judgments do have statute of limitations. It varies from state t
Judgments do have statute of limitations. It varies from state to state. You can consult a lawyer to know more. However, judgment creditor can renew judgment and extend the period of enforceability.
If the judgment is not in your credit report, don't you think the SOL is over?
Do you accually owe this money at all? collection agencies pull
Do you accually owe this money at all? collection agencies pull your credit file to obtain your personal info and make fraud claims - then threaten you to pay random ammounts. I would file a complaint.
After checking around the internet, Rhode Island unfortunately h
After checking around the internet, Rhode Island unfortunately has some of the longest SOLs :(. The SOL for a judgment is 20 years with maximum 12% interest added on per annum. I have no idea why they waited to enforce a judgment from January 2000 until July 2005. By the way they did so while I was in the hospital giving birth to our baby girl. My husband went out to get coffee and found that our checking account had been drained. After contacting the law firm, the money was returned to our account but we were told that they would still be persuing the judgment and the next step would be to garnish my husband's wages. The lawyer said they do not have to validate the debt because they have a default judgment but they only have a judgment because they sent papers to the wrong address and did not give us opportunity to dispute. I know for a fact that there is no possible way for them to validate this debt because I have tried myself and even the lawyer admits that the paper trail no longer exists. It all seems so unfair. If we consult a lawyer, then we are out even more money in trying to fight it. Is there anything we can do?
You should certainly try to consult an attorney. If they already
You should certainly try to consult an attorney. If they already have a default judgment, this means that the court had validated the debt. They wouldn't have to answer a request for validation of the debt. Your best hope would be to file a motion to request the judgment be vacated, because you were not properly served the summons. Also, depending on where you live, the court might not have had jurisdiction over you.
Contact an attorney that deals only with this kind of stuff, deb
Contact an attorney that deals only with this kind of stuff, debt attorney or whatever they are called. Like Ed Combs. I have seen his website edcombs.com, and Bud Hibbs, budhibbs.com. Those guys look tough.
Yes Guest, Those are excellent links. On the Bud Hibbs site yo
Yes Guest,
Those are excellent links. On the Bud Hibbs site you can also get the lowdown on whatever debt collector might be dunning you.
I have a judgement on my report thats going to be on it for the
I have a judgement on my report thats going to be on it for the next ten years. long story but I got shafted! big time. in any event, this was in november and I'm about to pay the debt off now but its going to be on it for the next ten years. someone told me that i should write the creditor and asked that it be taken off because of the circumstances of it.
so in any event, if you have a judgment, it definitely should be showing on your report unless its some kind of fraud. As I said, mine is there and they didn't waste any time putting it on there either.
Shirley, if creditors do not agree to take it off, ask them to r
Shirley, if creditors do not agree to take it off, ask them to report the judgment as dismissed. It will have a better impression.
Progress made
Hi everyone. I made a lot of progress on Friday. Some who don't know, my checking account was seized by the courts for a judgement. I spoke with the court officer who is handling my case, and he is willing to work out payments for 4 out of 5 judgements. He was so pleasant and easy to work with. He did not want to strap me and my husband and wants us to pay only half of what i budgeted. I am so pleased of the progress i made so far, but just a small dent in a big problem.
Good for you. Go ahead and inform us about the latest happenings
Good for you. Go ahead and inform us about the latest happenings.
More progress
I am going to call T & C to help with the defaulted payday loan and other bills. I feel so much better knowing that I am taking small steps toward redemption. Every dime I owe will now be handled by T & C. Thanks for all your help and advice.