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Default Judgement

Date: Sun, 06/03/2007 - 12:23

Submitted by jmac543
on Sun, 06/03/2007 - 12:23

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Total Replies: 11


-I purchased an item from a jeweler on their credit card and never paid the debt off and it was charged off, I'm in Arizona so this was still within SOL, it was charged off in the amount of $1300.00.

-now I had this jeweler charge off on my credit report.

-Dunstone Financial purchased this debt & eventually served me papers, I didn't take it seriously, was a no show at court and in return they were awarded a default judgment which on the actual document from the court the judgment awarded was for $2200.00.

-I didn't pay it and one year later another agency has the debt which doesn't make sense to me and they served me with papers stating they now have a judgement for $4400.00. My court date is in a couple months. The document says if I don't appear I may be arrested by an officer to escort me to court.

Questions: In Arizona, can there be two judgements obtained by two different companies for the same exact debt?

Also, the official judgement by Dunstone through the justice court is just in my name... this new agency put my wifes name on the document also, Is that legal?

- I am just trying to figure out what to do at this point. I have the money to pay the debt of $4,400 but I feel it is a little unethical to be charged $4400 for a debt that was $1300.00... what should I do?

Any advice would be greatly appreciated. Thank You.


The extra costs are probably legal costs,attorney fees,and interest they are allowed to charge once they win a suit.By not showing up,they won automatically.I would send them a validation letter asking for a breakdown of costs on the judgement.I would also find out how your spouse ended up on that document.The hearing you are going to is probably to discover what you are worth & you can be found in contempt of court if you do not go.If found in contempt,they can lock you up.


lrhall41

Submitted by cajunbulldog on Sun, 06/03/2007 - 12:49

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My attorney told me legally after two years of no communication about a bill, you are not liable. Get you an attorney to write you a cease and disist letter to them. And if you have proof of how long it's been , thats even better. Hope this helps, Tracy


lrhall41

Submitted by scottiedog3 on Sun, 06/03/2007 - 13:06

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I am sorry that your attorney is giving such bad advice.What this lawyer is advising is a huge trap for an instant judgement. Civil actions in court are regulated by the statute of limitation laws for that state and that particular financial instrument.If you were to cease & desist someone with real evidence of a debt,you would end up like the op here with a legally recorded judgement. If op is crazy enough to miss that courtdate,they most likely will be found in contempt.


lrhall41

Submitted by cajunbulldog on Sun, 06/03/2007 - 13:15

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Your judgement was purchased by the new agency.Send them a validation letter like I stated and ask for a copy of judgement,proof of ownership/assignment of judgement,and a complete cost breakdown.Once you have these papers,then you can settle.Note,you may be able to get a majority of these papers from the courthouse public records section.


lrhall41

Submitted by cajunbulldog on Sun, 06/03/2007 - 13:57

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One bit of advice to the OP....don't miss another court date if you are unable to come to a payment agreement with the new collection agency. To do so would only look badly on your part, and the judge would have no choice but to rule in the creditor's favor. It's already going against you that this debt wasn't paid when originally incurred, and went to judgement.


lrhall41

Submitted by SUEBEEHONEY70 on Sun, 06/03/2007 - 15:52

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You need to take a look at the laws from arizona, Here is what I found; Quote:
Arizona Statutes of Limitation

Written contracts: 6 years, runs from date creditor could have sued account.

Oral debts, stated or opens accounts: 3 years.

Actions for fraud or mistake: 3 years from the date of the discovery of the fraud or mistake.

Actions involving fiduciary bonds, out of state instruments and foreign judgments: 4 years. NOTE: Arizona applies its own statute of limitations to foreign judgments rather than that of the state that originally rendered the judgment whether the judgment is being domesticated under the Uniform Enforcement of Foreign Judgments Act or pursuant to a separate action on the foreign judgment.

An Arizona judgment must be renewed within five years of the date of the judgment.


lrhall41

Submitted by fedupinpa on Mon, 06/04/2007 - 03:54

( Posts: 1511 | Credits: )


Hi, I helped one of my friends who is a cab driver to fix his taxi cab.I have a promisory note and also a verbal staement where he agreed to pay me hundred dollars a week until the amount was paid in full.i mde it more easuer for the borrower to pay me fifty dollars a week instead of the hundred.he made a few apyments and now the defendant has stopped paying me,i have filed a claimm against him and the matter is still pending un court.it is obbivious that i will win the judgement but my question is how can i recover my money back because the only asset he has is his taxi cab which can be used to reciver the money.kindly dvise me.
Thank you
Ranjeevraj Alve


lrhall41

Submitted by on Thu, 06/14/2007 - 18:06

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