Still prob with letter for previous judgment!
Date: Fri, 04/30/2010 - 16:31
i was sued, not served properly/at all by a collection "attorney" (Palisades) in 2008. didnt know all this "stuff" then so now have a default judgment.
the attorneys who sued me origianlly representing Palisades in my area-i have not paid and will not-have sold this to other bottom feed...i mean attorneys offices, one didn't contact me Mann Bracken-went out of business i understand, and the other that is now "interested" in me has sent me a letter dated april 17th. need to get something out to them, registered mail, etc asap.
since this file/debt/acct already has a judgment filed in my county what kind of lettter do i send? please be specific. real specific please.
just a validation letter also mentioniing the case/county etc too? cease and desist mentioning case/judgment?
i am pretty sure they cannot sue me again but i want to let them know i know this and to back off jack. they can i believe try to collect anyway so a validation letter definitely? i am pulling my hair out trying to figure out what to say/write!:confused:
from what i understand they cannot sue me again for this..is this estoppel-civil form of double jeopardy(<
If there is still a judgment against you, telling them to cease
If there is still a judgment against you, telling them to cease and desist is like giving them an open invitation to garnish your wages and pillage your bank account. The judgment is still enforceable and you can be dragged into court to disclose all of your assets.
they cannot garnish my wages-no wages or my bank acct-no acct.
they cannot garnish my wages-no wages or my bank acct-no acct. i live in texas cant do alot of things to me. but pretty sure they cannot drag me into court for the same thing when the court has already decided the judgment. so please understand this is not the "law" firm that originally had the debt from the oc. who didnt serve me and who got the default judgment 2 yrs ago. it is another / 3rd firm. the letter from this newest firm also says to take notice that "no lawyer has even looked at the circumstances of this acct." they just haphazerdly send out these letters to get everyone riled up and hopefully call and commit.
still needing some help please with what kind of letter to send. examples are appreciated. thanks
judgements can be bought and sold....and enforced. They can sti
judgements can be bought and sold....and enforced. They can still haul you back into court.
if you were not served, motion to set the judgement aside for lack of proper service. you do that thru the courts.
well they havent been able to enforce it so far and i won't pay
well they havent been able to enforce it so far and i won't pay them. its already been on my reports for over 2 yrs now.
so what would be the judgement then, there would have to be an obvious one, for this type of thing. a diff day and amt?
again i am in texas so all that "bad" stuff they can do in other states...like the asset thing won't work here or with me and my belongings/worth. so what can they do? and you are absolutely positive?
not going to help me with a letter then?
Actually they CAN pillage your bank account, that is one of the
Actually they CAN pillage your bank account, that is one of the things not protected by Texas statute. You should contact the court where the case was filed and get all the facts for it. if they served you at a wrong address or however they did not serve you properly, you will have to either file to have that judgment vacated, or if the time limit for that has passed (not sure about how long you have to get something vacated) then send a letter to the ruling judge with all the information and proof (like your address at time of service if sent to wrong address).
At this point sending a letter to the attorney won't do you much good....all a debt validation letter will get you is the judgment details as by now that is all they have to reply with.
Hmm. There may be a way to fight it using Texas specific laws depending on the situation. Can you please list some details? Like how exactly was it improperly served? Was it served to a wrong address, county, state? Also how are these accounts listed on your credit reports? There may be a way to fight it that way as mentioned above.
no they can't pillage my bank acct as i closed it down due to th
no they can't pillage my bank acct as i closed it down due to this. i manage.
its been 2+ yrs.
do yall not see that this debt is being passed down/sold to other offices? the letter i got the other day, says they represent Palisades. i doubt it.
no one ever served me in any shape or form..home everyday taking care of my granddaughter at the time who was a little infant, and they say they served me on my birthday. duh. lies. Palidades and its tentacles of deceit are known for their underhanded ways i have learned since then...been coming to this site since early in 2008.
wolpoff abramson, who most of us know well, was taking care of the matter back then for Palisades and threatened by a form letter, to take me to court and look into my assets. never did. probably because i am in texas and the the total judgment was for ONLY $1100. yep. the original debt was credit card with a $500 limit.
now i just need a letter that is legit and will let them know what i need to let them know. if i should just sit on this and let them do their work then advise me of that.
the letter they sent the other day, this newest firm/dc says that an acutal attorney has not looked into the circumstances of this claim before the letter was mailed out.
i don't know what makes them think that their tactics will work when the others havent. they have nothing they can get from me.
this recent letter also says that the firm mann bracken had this acct before (this would be the second so called firm) and has passed it to them. you mean sold i to them, this newest place. mann bracken went out of business and sold their accts. the people who sent me the newest letter are the 3rd firm now.
now what should i do?
Well in that case they can't pillage an account that doesn't exi
Well in that case they can't pillage an account that doesn't exist. Might I suggest using one of those online debit cards? I am in Texas as well and have one....I must say it is very nice because even if there is no money in it and someone comes along and tries to ding it..even if they do so fifty times, there are no overdraft fees.
Ok...well did you look into filing a motion to vacate? Send a letter to the judge? Honestly, why keep ignoring this judgment if you can just get rid of it? You might be untouchable now, but what about five years down the road?
Other then a cease & desist letter, there is nothing else that would help you to send. If you send a DV they will just send you the details of the judgment...they don't have to send anything else.
If you want them to just leave you along then a cease & desist is the way to go. It can be very simple and to the point:
To whom it may concern,
Please cease & desist any and all contact to me. This includes mail, email, and all phone calls to ANY number associated with me.
As simple as that.
The only thing they could try to do is get you back in court to get a disclosure of your assets, but if you have none then show up and show such. Not much else they can do....please note that this would NOT be a new lawsuit exactly, they would be filing to compel you to come into court to show your assets and they CAN do that.
You can try adding into your cease & desist that you have no assets and if they feel the need to take you to court to compel such, you will be happy to show up for the judge to tell them you have no assets.
I do see where they are playing hot potato with the judgment. They can sell it as often as they want and the new owner can try to enforce the judgment.
I had a default judgement on me once, and never served notice.
I had a default judgement on me once, and never served notice. I took them back to court to try to get the judgement vacated. The judge asked if I owed them, which I admitted. He didn't want to hear anything else, and the judgement stood.
You should never have admitted you owed them. You can honestly
You should never have admitted you owed them. You can honestly answer, "I don't know your honor, they have never sent me anything showing I owe on this account." I still think that judge was wrong anyhow..in this case you should appeal...because you have the right to defend yourself and the fact is it was improperly served and should be vacated for that alone.