i signed a stipulated judgment to pay 1200.00 i have paid 1400 and they are saying it has not been satisfied
Date: Fri, 09/10/2010 - 20:57
i was to pay 205.00 a month until it was paid off. the amount owed was 1208.02... i paid this for 7 months (for a total of 1435.00) i thought it was satisfied until a rep from the agencie called me demanding i pay the 205.00 ... i told her the the judgement should be more than satisfied and she informed me that since signing the judgment in jan. the new accounts have come in and i still have an outstanding balance... her explanation was that somehow some of these payments were posted to the new accounts and not to the judgement accounts and that even though there "might have been an error she can't go and fix it so i am still have to pay off the account included in the judgements... to me this doesnt seem right .. please hlp!!!
hiya-- This doesnt seem right because it isnt right. For one
hiya--
This doesnt seem right because it isnt right.
For one thing, they have now violated section 810 of the FDCPA, the federal law that deals with third party debt collectors. This law says that if they have multiple debts on you, that they must apply your payment where you instruct them to. In your case, you were only aware of one debt that they had--the one that they got a judgment on. That means that by reasonable default you would naturally want the payment to go to the only outstanding debt you knew about with them.
What state do you live in? I am curious to see if you live in a one-party recording state because you really should get them on tape telling you what they told you if possible. At this point, I would actually consider speaking to an attorney. Go to www.naca.net and look for a consumer attorney in your area. Many of them offer free initial consultations, and if you have a case for FDCPA violations, many of them also take cases on contingency, which means you do not have to pay the lawyer. Also, in the judgment, is there any allowance for interest? Does the total $1200 amount include attorney fees and court costs? Check carefully to see the actual total amount that you were ordered to pay. If I may ask, how exactly is it worded with regard to making the payments until the amount is paid off?
Above all else, do not send these people another dime before you talk to an attorney. If you were ordered by court to pay a certain amount, and you have paid that amount, then any extra money you have paid must be returned to you. It now sounds to me like they are trying to basically steal money from you--the judgment only entitles them to the amount ordered and nothing more. They do not have any right to make any other claims. With regards to the other accounts, they cannot lump that in with a judgment on one specific account. If they have other accounts, you tell them that you are now waiting for the initial dunning letter that the law requires them to send to you within 5 days of initial contact. Also, with these "new accounts", you need to make them prove their claims.....send them a debt validation letter by certified mail.
Finally, who is this debt collector? If we know that, there may be someone here that has dealt with them before and can offer their experiences to help.
I live in Washington state. and it worded that I owe the Plainti
I live in Washington state. and it worded that I owe the Plaintiff (Puget Sound Collections) the sun of 1208.02, including principal, interest and costs to date. it also says that payments in the amont of 205.00 are due at the office of P>C>S INC. not later that the last business day of each month, commencing on jan 29th and continuing until the account is paid in full. and then it goes on to say that if i fail to make the payments the judgement will be enforcable and on the last page it has a basic rundown of the costs i would incur if they had to file the judegment the total judgment would be 1738.02 it gos on to break down the attorneys fees and cost of filing etc. had i made that last payment they were demanding i would have paid 1640.00 ... thats a difference of 98.00... it's ridiculaous... thank you for the advice i am trying to find an attorney to consult... any additional info would be very helpful
thank you
