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Judgment question

Date: Wed, 02/29/2012 - 16:50
Submitted by jadenme on Wed, 02/29/2012 - 16:50
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Last year I was sued and settled with the collection law firm, but they still entered a judgment against me. Right after the judgement was entered, the main lawyer at the law firm was brought down by the state Attorney General for general fraud and violation of debtors rights. I received a letter from one of the partners saying she was taking over the file and I could make payments to her. Several months later, she returns one of my payments with a letter stating that she is no longer collecting for Capital One and that I should contact them directly. I sent a letter to Capital One, but never heard back. There is still a judgment hanging out and I need to know what I can do about it. Any help would be appreciated!!


Yes, as Mr. Doyle and the good Lady suggest, contact Capital One on the telephone (not in writing) and determine the disposition of your account.

My questions above pertain to the fact that you state that the attorney you initially dealt with was taken to task for violation of debtor rights. Another attorney in the firm took over which was followed by the cessation of their ability to collect payments. There is a reason for something like this occurring. I would like to help you look into those reasons. If there are elements to what transpired that suggest you have additional options available that warrant your consideration, it would be good to flesh them out.


Submitted by MichaelBovee on Mon, 03/05/2012 - 06:11

MichaelBovee

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Thanks for the suggestions!

The attorney was Derrick Mc Gavic, and the firm was Mc Gavic and Finney. Kristen Finney was allowed to continue practicing and she was handling the payments until she returned my payment and said she was no longer handling things.

I settled with them to keep from going to mediation. I signed the settlement agreement and a debt repayment plan.


Submitted by jadenme on Mon, 03/05/2012 - 14:01

jadenme

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Thanks for the additional detail Jedenme.

You signed an agreement, or stipulation to judgement, which may complicate any assertion you may make that you were a victim of the pattern of collection abuse that led to McGavic's law office being shut down by the Oregon attorney general.

You can contact the AG office in Oregon and find out if there are options they know of that are available to you:

[FONT=Arial][COLOR=black]Oregon[/COLOR]
[COLOR=blue][FONT="][/FONT][/COLOR][FONT="][/FONT][/FONT]
[FONT=Arial]Financial Fraud/Consumer Protection Section
Department of Justice
1162 Court St., NE Salem, OR 97301-4096
503-378-4320 (Salem) 503-229-5576 (Portland)
503-947-4333
1-877-877-9392 (OR) 1-800-735-2900
Fax: 503-378-5017[/FONT]


You may also want to consider contacting an experienced consumer advocate law firm who may have given assistance to others similarly situated in OR as relates to the collection violations and subsequent closing of the McGavic firm. The firm I am most familiar with that assists consumers along these lines is Baxter & Baxter in the Portland area.



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[URL="http://www.doj.state.or.us/"][COLOR=blue][/COLOR][/URL][/FONT]


Submitted by MichaelBovee on Mon, 03/05/2012 - 14:21

MichaelBovee

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