Is this right?

Date: Thu, 02/10/2011 - 09:54

Submitted by anonymous
on Thu, 02/10/2011 - 09:54

Posts: 202330 Credits: [Donate]

Total Replies: 1

I was sued in May 2010 for a debt that I owed, however, I settled the lawsuit out of court and made arrangements with the lawyer/debt collector to satisfy the debt with a payment plan. We verbally agreed to $150 a month and the lawyer kindly advised me that if I miss a payment, I may have to go to court and pay the remaining amount owed if it can't be further resolved out of court. Okie dokie.I successfully paid several months in a row, however, I missed a payment in December and was contacted via mail that I should contact the lawyer and find a solution to the debt. I contacted the lawyer by e-mail and by phone and never received a response back. After two weeks of trying to contact him, I received a letter from him stating that a default judgement has been placed against me for the ORIGINAL amount owed plus court fees. Can they do this? I don't owe the originial amount due. I've put over $1000 into that debt. How do I resolve this matter if I cannot get in contact with the attorney?!

Plus, I took notice that the lawyer moved his office without notifying me. How is that fair?

Hi, First, your battle is not to be between you and the attorn

Hi,

First, your battle is not to be between you and the attorney. It is to be done in court. What you need to do is contact the court clerks office and ask them if there is any specific format needed to file an order to show cause/motion to vacate judgment. Better yet, you need to look for a consumer attorney and sue them for deceptive practices. By fraudulently going to the court and requesting a default judgment for the total amount, they have violated the FDCPA in a big way. The FDCPA is a federal law that does not allow them to lie in ANY WAY about ANY aspect of collecting a debt. Check with the court clerks office and verify the actual amount of the judgment, make sure that it is the full amount they originally sued you for. If it is, then you need to go to www.naca.net and find a consumer attorney. Many of them offer free initial consultations so it shouldnt cost you any money to speak with an attorney and let them tell you if you have a case they want to pursue. If it were me, there's no way I wouldnt sue them for this--if you win they will have to pay you up to $1000 plus actual damages. At the very least, you need to see about filing an order to show cause/motion to vacate judgment due to the plaintiff's act of deception.

lrhall41

Submitted by skydivr7673 on Thu, 02/10/2011 - 14:05

( Posts: 2036 | Credits: )