collecting on judgment
Date: Thu, 02/18/2010 - 17:40
I had a judgment with a collection agency and i made an agreement and paid half of it. things went bad and i could not pay them the rest. within two and a half years it went through tow collection agencies " attorneys". I sent this last one LACY KATZEN LLP in Buffalo, NY to validate and all they sent me was a copy of the original judgment. Then after that, they sent me a Restraining notice with information subpoena, threading me to proceed with legal actions.
Can anyone help me on what should i do next.
Thank you everyone.
Can anyone help me on what should i do next.
Thank you everyone.
You already have a judgment and the agreement stopped further le
You already have a judgment and the agreement stopped further legal action. You either try to get back into voluntary repayment or they will get you.
yea, understand that but what happens if that judgment is off of
yea, understand that but what happens if that judgment is off of two credit reports and i ask for validation? how will they prove i owe that money?
The court order is the validation. If the judgment hasnt expire
The court order is the validation. If the judgment hasnt expired, it is easily enforceable. The court will enforce it.
Quote:Originally Posted by jfcreditclinicyea, understand that bu
Quote:
Originally Posted by jfcreditclinic yea, understand that but what happens if that judgment is off of two credit reports and i ask for validation? how will they prove i owe that money? |
All they would probably need is a copy of the judgment as the FDCPAct states. Like SoapLady said, if they sent a copy of a judgment, you have to pay them. If you do not, they can bring you back into court in front of a judge/magistrate and the court will determine how much you will pay. If your state allows it they could just go to court and get an order to garnish your pay or bank accounts.
If you have exempt income and no assets then there is nothing they could do at this point as long as it is not a debt for taxes, federal loans, child support.....I think thats' it.