Attorney demanding payment on judgment

[TDW]

What is the name of your state?What is the name of your state? Maryland
I received a letter from an attorney in MD demanding payment on a debt in Florida for $10,000+.

I responded via Certified Mail, Return Receipt disputing the debt, asking for validation. Recieved a 2nd letter with a copy of a judgment in Florida issued in 1986 in the amount of $4000. * The original debt was a voluntarily surrendered auto with last payment in 1984; no deficiency notice was ever sent.

I checked with an online "Background Check" service (ChoicePoint) and no records of Judgments, Liens, Lawsuits, etc. are on record in ANY state. I also checked the online records in Florida with the same results.

Whew................... after all of that, can this Collection Attorney enforce or renew a judgment that is not on record? *

 

[Ladynred]

You need to CALL the courthouse where the judgment was rendered and find out if it HAS been renewed or not. Judgments IN FL are good for a total of 20 years, must be renewed at 10 years. You need to find out, for sure, whether or not the judgment was renewed in 1995/96. A judgment THAT old isn't going to be on-line and may not be on-line from 1996 if there was a renewal, I would not depend on the on-line records at this point.

If the judgment was NOT renewed and it expired, then you can tell the lawyer to pound sand.

What did the papers say that he sent you in answer to your validation request ? Were there any dates on the judgment ?

 

[TDW]

Judgment demand from attorney,2nd letter

Judgment demand from attorney,2nd letter Thanks for your reply Ladynred. The copy was of the "original" dated in Feb. 86, with a letter of "authentication" from the county clerks office. The 2nd attorney letter only stated that it was a "copy of the judgment, which has been authenticated". There were no later date(s) on the judgment or authentication. I DO plan on calling the Clerks office on Monday. Any other suggestions?

 

[Ladynred]

Not really. Until you can verify whether or not the judgment is still valid, I don't have any other suggestions.

 

[TDW]

Judgment not on record...not renewed

Called the County Clerks Office today; according to their records, no judgment is recorded in my name. They said that IF it had been renewed in 1995-96 it WOULD be in their records AND online. C&D to attorney was mailed today. Thanks Ladynred!!!!

 

[Ladynred]

Well then, I guess that clears THAT up The collection agency/lawyer likely bought this judgment paper with no proof that it was even still valid. Unfortunately, most people would pale at being presented with that so-called 'proof' they sent you and just dig out their wallets.

Good Luck !

 

[TDW]

Response to validation letter

This attorney just won't give up. Here is the most recent:

"I am in receipt of your letter datedxxxxxxxxxxx. I believe I have met my obligation to validate the debt by sending you a copy of the judgment from FL. I do not believe I am under any obligation to provide you with the various requests you have made on page one of your xxxxx letter. I would be more than happy to discuss this letter with you if you wish to contact me."
* followed by mini- Miranda.

Is this guy just fishing and thinking I am going to pay on an expired judgment?(I contacted the FL Clerk of County Court, the judgment is not in their system. According to the clerks office, IF the judgment was renewed in 1995-96, it would be in the system).

Sorry to be long-winded............what letter can I send this guy to give this up?

Thanks!!!

 

[chihuahua]

All the info needed in Fla. is on this web site all liens in Fla. had to be renewed or if they were not they are not valid under the new law.

http://www.dos.state.fl.us/press/oss/hood_judghold1.html

 

[TDW]

Response letter?

Thanks for the info. It's my understanding that even if the judgment is invalid, a CA can still sue you to try and collect. Based on my whole story, anybody have any suggestions for a "final" DROP DEAD letter? Thanks to all for my education.

 

[Ladynred]

As far as I know, once a debt has been reduced to judgment, they cannot sue you AGAIN for that debt.

 

[TDW]

Letter submitted

Here is the letter I submitted............any thoughts?


xxxxxxxxxx
Attorney at Law
xxxxxxxx
xxxxx
xxxxxx

xxxxxx

Re: Acct # xxxxFile # xxxxxx

Dear Mr. xxxxxx

This additional letter is being sent to you in response to a notice sent to me on xxxxxxx Be advised this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is still disputed and validation is requested.

I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. You have provided only a copy of a judgment with a name similar to mine. I have had inquiries made as to the origin of this judgment; and have learned the following:
The original judgment was issued in February 1986. According to the Clerks Office in xxxxxxxxx, this judgment was not renewed at the required 10-year interval, therefore, is time-barred and not valid. There are no public records, judgments, or liens in my name, in ANY state. I believe I have spent enough time and expense researching a debt that I believe I do not owe. So, once again I am requesting information to understand where this came from. Please provide me with the following:

1.What the money you say I owe is for.
2.Explain and show me how you calculated what you say I owe.
3.Provide me with copies of any papers with my signature and SS # that show I agreed to pay what you say I owe.
4.Provide a verification or copy of any judgment (time-barred and not valid)
5.Prove the Statute of Limitations has not expired on this account.
6.Show me that you are licensed to collect in my state.
7. Provide proof that I have any legal obligation to respond to your collection attempts.


During this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If you cannot provide competent proof that I am indeed the debtor in question, and that this is a valid debt that I owe, I am requesting you cease and desist your communication with me until such time you can provide the requested documentation.

My refusal to respond to future demands from you or any other entity is in no way an admission to the validity of this debt. Copies of all correspondence have been filed for future use if necessary.




Best Regards,

xxxxxxxxx

 

[Ladynred]

Looks like a winner to me !