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I honestly don't know what to do. PLEASE HELP!

Date: Fri, 11/13/2009 - 12:29

Submitted by meechell83
on Fri, 11/13/2009 - 12:29

Posts: 103 Credits: [Donate]

Total Replies: 8


So I mailed in my first payment for my default judgment on my legal PDL with Express. I've gotten a defualt judgment for a medical bill, so I knew I could do payment arrangements. I tried to contact Express by phone and mail and never got a response. And they never tried to contact me either. SO I did the only thing I knew to do and sent in what I could afford with a letter explaining that I had thousands of dollars in medical bills and would mail in payment each week until its paid off.

Well today I get my check and letter back in the mail and they've written. "So? We have a court judgment against you. You need to send in the payment in full plus court costs"

So I can't afford to pay the whole thing right now. Should I just save up the money until I can pay it off? And mail the payment in all at once? Do you ahve a time limit? I'm so confused and they are NOT being helpful at ALL. They are CFSA members, so I've thought of filing a complaint. Any advice would be appreciated. Thanks so much!


What state do you live in? Do you own any assets such as real estate or an expensive car that is paid for? The courts only issue judgements, they do not collect on them. It is up to the collector to collect! Some states are wage garnishment safe such as Florida and Texas. Usually all the collector can do is wait in line or get a lien against you for when the day comes when you do have assets. If you should win the lottery, and I hope you do, be careful not to plop the money in your bank account. Start an LLC.


lrhall41

Submitted by Frogpatch on Fri, 11/13/2009 - 12:47

( Posts: 5381 | Credits: )


I live in MS and they can't garnish me right now because I'm already being garnished for a medical bill. They are complete cows and terrible to deal with. As long as nothing can happen to me legal wise (like being in contempt of court or something) I may not pay them until I get my tax refund! And I still may file a complaint against them. I did just buy a car but my dad's name is the one the loan is in and both of our names is on the title but since I just bought it in March I won';t see that for awhile!


lrhall41

Submitted by meechell83 on Fri, 11/13/2009 - 13:08

( Posts: 103 | Credits: )


Hi Meechell,


Some thoughts....

First, how did this end up in default judgment? Did you get served but not answer, or did you not get served at all?

Second, at one point you said this was a legal PDL, but then later you mention an illegal PDL. Was this one a legal or illegal one, and how so?

Third, it may help at this point to speak with an attorney. Some states have consumer laws where a creditor viods the entire debt if they refuse to accept a good faith payment. I have never heard of a debt collector returning a payment on a judgment like that--it shows that you are at least making an effort to pay off the balance. There is no law that requires them to accept payment arrangements, but this sounds wrong to me. Go to www.naca.net and fnid a consumer attorney in your area. They usually offer a free initial consultation, and they would be prepared to tell you the law in MS regarding refusal to accept a payment. At this point, they won a judgment, it is not typical for them to be playing such hardball games. Once a judgment is won, it is not usually paid off in a quick fashion, so it would seem that these guys are off their collective rockers. Normally to a collector, money in the hand is better than anything, so this puzzles me. Please, could you tell us how much the judgment amount is and how much you sent them?

EDIT--dont only keep the returned payment, keep your letter and their response letter as well.


lrhall41

Submitted by skydivr7673 on Fri, 11/13/2009 - 21:11

( Posts: 2036 | Credits: )