Question about DV

Sounds plain weird...so a CA goes to all the trouble of taking you to court and getting a judgement, and then simply just gives the money back and sells the account?

I am not sure about selling judgements, I heard somewhere that the judgement is for the company that took you to court....if a new company wants it they have to take you to court and get a new judgement (but I am not 100% on this) Hopefully someone will come who knows for sure...I would at least talk to another lawyer or the court about it, make sure it is legal for them to persue you over some other company's judgement.

wow, that is rather strange...cant say I have ever seen that happen before.

Did you get anything in writing from the CA stating that they were cancelling the judgment?? Any explanation from them at all, in writing? Thats the first place I would start--if you have anything like that, please let us know what it says. We can go from there...

If the judgment was canceled the court would have record of it, at least it would be a good place to start.

What I have is a copy (from hubbies employer), of what they filed with the county court, it has our county court across the top. It is a "STIPULATION TO DISMISS (EMPLOYER) (GARNISHEE) It is hereby stipulated and agreed that the above entitled wage deduction proceedings be dismissed without costs to either party." Signed by previous CA's lawyer, dated June 7, 2007. Then I have a copy of the statement/check that hubbies employer sent them on June 1, 2007 with VOID stamped all over the check, they never even cashed it. I know they can't collect on the judgement that was granted to another CA. But my question is can they use the fact that there was a judgement awarded (even though it's since been canceled) as validation on this debt? Or do I simply need to respond with the fact that that judgement was cancelled (by the CA, not myself). I don't know where to go from here, that's why I'm here for help :wink:
Heather Grieve

ps. I also just realized, the court record says Mason County, and all of this took place in Madison County, I thought maybe it was a typo, but there really is a Mason County IL so now I'm not even sure where this cancelation was recorded :roll:
I'll put a call into my county tomorrow and see if/what they have, but I may have to call Mason County anyway.

Ok, so we went to the courthouse yesterday, they have no record of the dismissal of the garnishment. I just hung up the phone with Mason County, which is where the paperwork said it was filed, and they also say they have nothing with my husbands name on it. Hubby even called the previous CA (that filed all this) and they were no help either. So now what am I supposed to do? I spoke with a lawyer I found on Naca Monday, he was very rude and wouldn't let me get a word in. Basically, he says because there was a judgement issued against hubby, we're screwed. He says they can (for whatever reason) sell the debt after obtaining judgement. He said maybe the account wasn't very collectable or something. I do know that hubbies employer filed an answer last July, and while I don't know much about them, it appeared as if to say that Hilco would get nothing from his check. Which obviously isn't true, since they'd already got 1 payment of $220 a month earlier. I don't know what/where to go from here. It's just extremely frustrating that they can basically set up a payment arrangement, and then cancel it, and now someone else wants even more money. Ideas, suggestions?

Thanks
Heather Grieve