Please Help! RE: Kramer and Frank CA
Date: Tue, 10/09/2012 - 01:13
I had previously posted 6 days ago but didn't register and didn't get any advise so I registered Lol!
Long story short here, my husband was in a motorcycle accident and ended up in a nursing home with major brain damage,he cannot communicate or do anything for himself. I had to go to court and file for POA, which I received. Now on to my problem.
I've been trying to clear up his debts with pretty much success thankfully except one. It's for a sewer bill on the house that I was unaware that he didn't pay ( he had to have them come out and run camera's or some such thru the lines to find where the line had collapsed). So I called them to make payment arrangements, they told me what they would accept and the due date, I agreed and have been paying it faithfully every month and the balance is dropping. Since then I received a "consent judgement" by the collection agency Kramer and Frank (we live in Missouri). It reads:
"Execution stayed upon payment of $65.00 per month beginning on or before June 10,2012 and continuing on the same day of each successive month thereafter until the judgement, costs, attorney fees and accrued interest are fully paid. Defendant agrees to waive service of process and voluntarily submit themselves to the jurisdiction of this court" ( I started paying in May)
Now here's where I have my question, what the heck is this, when I called them they said just sign it and sent it back and would not explain it. I did go my county's website (a friend told me about it) and they have filed suit in court, but I made the arrangements prior to all this coming in the mail. Why would they file suit if I already made the arrangements and have been paying them, early in fact and also made several payments more than the arranged amount to get it paid off. Also, my name is only on the deed to the house, granted by probate court to protect my interest in the house, his name is the only one on the loan and the bill. And I also found out the sewer co. put a lien on the house. So what's the point of all this? I'm disabled and collect disability and for obvious reasons, my husband is disabled and unable to defend himself, but they included me in the suit. I haven't been served yet, but that could be because I'm not here often, I spend most of my time at the nursing home with him. Do I sign this and send it back, go to court or what? What is a consent judgment and what can they do to me? Can they freeze my bank accounts since we're both disabled and only collect disability? Can they garnish it? I'm so confused!
Long story short here, my husband was in a motorcycle accident and ended up in a nursing home with major brain damage,he cannot communicate or do anything for himself. I had to go to court and file for POA, which I received. Now on to my problem.
I've been trying to clear up his debts with pretty much success thankfully except one. It's for a sewer bill on the house that I was unaware that he didn't pay ( he had to have them come out and run camera's or some such thru the lines to find where the line had collapsed). So I called them to make payment arrangements, they told me what they would accept and the due date, I agreed and have been paying it faithfully every month and the balance is dropping. Since then I received a "consent judgement" by the collection agency Kramer and Frank (we live in Missouri). It reads:
"Execution stayed upon payment of $65.00 per month beginning on or before June 10,2012 and continuing on the same day of each successive month thereafter until the judgement, costs, attorney fees and accrued interest are fully paid. Defendant agrees to waive service of process and voluntarily submit themselves to the jurisdiction of this court" ( I started paying in May)
Now here's where I have my question, what the heck is this, when I called them they said just sign it and sent it back and would not explain it. I did go my county's website (a friend told me about it) and they have filed suit in court, but I made the arrangements prior to all this coming in the mail. Why would they file suit if I already made the arrangements and have been paying them, early in fact and also made several payments more than the arranged amount to get it paid off. Also, my name is only on the deed to the house, granted by probate court to protect my interest in the house, his name is the only one on the loan and the bill. And I also found out the sewer co. put a lien on the house. So what's the point of all this? I'm disabled and collect disability and for obvious reasons, my husband is disabled and unable to defend himself, but they included me in the suit. I haven't been served yet, but that could be because I'm not here often, I spend most of my time at the nursing home with him. Do I sign this and send it back, go to court or what? What is a consent judgment and what can they do to me? Can they freeze my bank accounts since we're both disabled and only collect disability? Can they garnish it? I'm so confused!
They can't seize your disability benefits. They are exempt from
They can't seize your disability benefits. They are exempt from garnishment. They have kept you in dark about the judgment. Don't sign this paper and send this back. Get a free consultation from an attorney on this issue if possible.