Debtconsolidationcare.com - the USA consumer forum

need to know how to dispute after judgement

Date: Fri, 03/31/2006 - 07:15

Submitted by anonymous
on Fri, 03/31/2006 - 07:15

Posts: 202330 Credits: [Donate]

Total Replies: 18


We are attempting to dispute a debt from 1997 that we have no infornmation about. A law firm received a judgement against my husband in January of 2000. And is trying to collect payment. We were never notified about the court date or given any opportunity to dispute. The law firm now claims the only validation they need to collect is said judgement.
Is there any possibility of disputing this judgement?


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


lrhall41

Submitted by kalevala316 on Fri, 03/31/2006 - 09:46

( Posts: 139 | Credits: )


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.


lrhall41

Submitted by on Fri, 03/31/2006 - 10:15

( Posts: | Credits: )


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


lrhall41

Submitted by kalevala316 on Fri, 03/31/2006 - 10:51

( Posts: 139 | Credits: )


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."


lrhall41

Submitted by on Fri, 03/31/2006 - 11:51

( Posts: | Credits: )


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:


lrhall41

Submitted by jmid1969 on Fri, 03/31/2006 - 11:57

( Posts: 102 | Credits: )


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?


lrhall41

Submitted by on Fri, 03/31/2006 - 19:01

( Posts: | Credits: )


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.


lrhall41

Submitted by on Fri, 03/31/2006 - 19:11

( Posts: | Credits: )


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.


lrhall41

Submitted by imkimssister on Fri, 03/31/2006 - 23:40

( Posts: 1301 | Credits: )


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.


lrhall41

Submitted by jmid1969 on Mon, 04/03/2006 - 08:29

( Posts: 102 | Credits: )


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.


lrhall41

Submitted by jmid1969 on Mon, 04/03/2006 - 11:32

( Posts: 102 | Credits: )